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2013-85-Minutes for Meeting February 25,2013 Recorded 3/8/2013DESCHUTES COUNTY OFFICIAL RECORDS yJ 20~3~8J NANCY BLANKENSHIP, COUNTY CLERK Q iV COMMISSIONERS' JOURNAL 03/08/2013 09;38;22 AM II I I II I~~~I I~ ~I I II I I II I III Z 13-88 Do not remove this page from original document. 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 MONDAY, FEBRUARY 25, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, Interim County Administrator; Erik Kropp, Deputy County Administrator; Nick Lelack and Cynthia Smidt, Community Development; Rob Poirier and Sara Crosswhite, 9-1-1; Laurie Craghead, County Counsel; Sheriff Larry Blanton; Teresa Rozic, Property & Facilities; Chief Jeff Sale, Bend Police Department; Chief Denney Kelley, Black Butte Ranch; Chief Marc Mills of Sunriver; and approximately twenty other citizens including a representative of the media. Chair Unger opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Don Senecal of Jericho Road read a statement regarding the recent Governor's Volunteer Organization Award to Jericho Road (see attached literature). This is a huge honor. They do not have public space available for the public to view their award, so asked that it be placed in the County building where people will see it. The 120 volunteers of Jericho Road appreciate this consideration. Commissioner Baney stated that government cannot solve all issues. It is groups like Jericho Road who make a huge difference in people's lives. Commissioner DeBone echoed this statement. Chair Unger is proud that this Redmond group has not just voiced concerns about these issues, but took positive action to things better for citizens. Mr. Senecal thanked the other partners who support their work, including the Sheriff who has provided backpacks for children. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 1 of 15 The Board then acknowledged Sheriff Larry Blanton's twenty-five years of service to the citizens of the County. Chair Unger stated that he feels Sheriff Blanton is the best Sheriff this County has ever had. 3. Before the Board was Consideration of Chair Signature of Document No. 2013-071, a Consent to Transfer Water Rights. Teresa Rozic gave an overview of the item. The County would temporarily lease water rights back to the District. This is the second time the County has protected water rights through this program. This temporary transfer will help the Redmond School District with a pilot program. BANEY: Move Chair signature of Document No. 2013-071. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 4. Before the Board was Consideration of Board Signature of Document No. 2013-056, a Memorandum of Agreement between Deschutes County and the Bureau of Land Management regarding the La Pine Land Conveyance Act. Ms. Rozic explained the document. It is the combination of several years' work with BLM regarding the cost to convey certain lands to the City of La Pine and La Pine Park & Recreation District. The President directed that this be done. There is an estimate of the costs which are supposed to be picked up by the County, in the amount of approximately $S 1,000. She negotiated with the La Pine entities to repay these costs to the County over time. The conveyance must be completed by January2014. She has been working on this five years and it went to Congress twice. Commissioner DeBone acknowledged the great work that has been done. He had asked for this conveyance many years ago as a member of the Park & Recreation District. DEBONE: Move Board signature of Document No. 2013-056. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 2 of 15 VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. 5. Before the Board was Consideration a Public Hearing on a Board-initiated Review of the Planning Division's Approval of a Land Use Permit to Establish Two Farm-help Dwellings in the EFU Zone (Applicant: Simpson). Chair Unger read the opening statement for this de novo hearing. In regard to conflicts of interest, the Commissioners had none to declare. There were no challenges from the audience. Cynthia Smidt gave an overview of the item, through a PowerPoint presentation. She noted that the Simpsons are represented by their legal counsel, Liz Fancher. The record is extensive and available electronically. The case focuses on three homes, referred to as the north home, the south home and the stick-built homes. Code enforcement has been involved regarding permitting and septic systems. The relative farm assistance rules have to do with having family members on the property. They had planned to replace the south home. The accessory dwellings would be for non-family members. The Administrative Decision approved both farm help dwellings. This approval was appealed by another person who questioned whether farming activity is a principal source of income and whether the Simpsons are actively involved. Conditions of approval would include an annual report of the help dwellings and income. Liz Fancher and Kathy Simpson came before the Board. Ms. Fancher stated that this matter has a long history since Mr. Apland complained after he was asked to leave the south home. They have tried to address complaints and issues. The clients want to obtain the building permits and all else that is needed. The applicants support staff s recommendation. They feel that these dwellings are appropriate for this large operation. Kathy Simpson provided a handout, and explained that they purchased the ranch in 1995, which is about 850 acres. They raise elk, cattle, horses and hay. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 3 of 15 They have the largest elk ranch in the State. The Oregon Department of Fish & Wildlife oversees their work, and they have to be diligent with paperwork especially regarding the Rocky Mountain elk. They have one of the best breeding programs for elk in the country. She is the president of the Oregon Elk Breeders' Association. They have between 30 and 100 head of cattle. They grow hay to feed. Horses number about 27. They sell excess hay to some of the high-end horse ranches in the valley. She and her husband, Steve, actively work their ranch. They are involved in irrigation and piping projects in the Lower Bridge Area and she is Chair of the Budget Committee of the Three Sisters Irrigation District. She then read a letter from the District supporting them and their work. The work on the ranch never ends. Her father and step-mother have helped them for years with repairing fences, irrigation equipment, using a tractor and other equipment, and other projects. Her father has farmed his whole life. He donates time to the Irrigation District as well. Terri Page lives in the south house, and helps with the paperwork and bookkeeping side of things. They have to record when and where the animals are placed, when they got their inoculations and more. When breeding stock is being sold, this has to be tracked. The Aplins were evicted for non-payment of rent and were caught stealing hay from them. The Aplins have harassed them ever since by contacting various agencies. These homesites have been there since before they purchased the property and are appropriate for the ranch. Ms. Fancher said a number of people are in attendance to support this, but she will try to limit the time this takes. There were three reasons given for the appeal. (She went into detail.) Staff went through this. No aspect of the approval required what Mr. Aplin demanded. The Simpsons have a number of ways to support three dwellings on a property this size. Regarding the Tobiansons, if they are unable to work, there would be a medical need criteria fitting that situation in Code. There are a number of ways the Tobiasons can be on this ranch. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 4 of 15 The southern property has several legal lots of record. This is used as a farm help dwelling. A home has been there since 1977. There have been a number of manufactured homes on the property over time. The Simpsons are proposing the north home be the principal dwelling and the oldest home and other dwelling be farm help dwellings. This is a grandfathered, valid use of the property. (She provided documentation, which is already in the record.) No other proponents offered to speak at this time. Jerry Aplin came before the Board. He said he does not want to give anyone a bad time. He said that facts are facts; the homes were not being used for farm help. He lived in the south house for nine years. He has an extensive background of farming and is aware of what went on at the ranch. Kathy Simpson works hard, but there are issues. He turned them into Code enforcement. The homes were there when they bought the property. He asked that the Board go through the file and look at the photos and documentation. (He provided copies of a large document to the Board, which is or will be part of the record). In 1998 there was an application by Eldon Tobiason for a farm dwelling, with the existing structures being a house and outbuildings. The old house should be grandfathered in. The application was never followed through. It was dated July 30, 1998. A photograph shows the northernmost home was installed without permits on September 15, 1998. County tax records do not show personal property taxes on the two mobile homes. The Assessor was not allowed access. The Simpsons should have a home on the property, but most of this time they lived in Jefferson County on the Page place. When he saw all of this, he wondered why the houses are not being used for what they are supposed to be. He presented a petition and a list of people showing where they live (already in the record). If the home is going to be used for a farm, that is okay, but should not be used as a rental. The second farm assistance dwelling needs to be used for farming activities and have appropriate permits. He would like to see pay stubs, insurance information and so on showing this. For two years the information he got from the Simpsons was not true. He wants to be sure whoever is living in the dwellings are truly involved in the farm use. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 5of15 He referred to an aerial photograph. Even though the ranch is 850 acres, it only has about 135 acres of irrigation. There is a high fence around the elk area. One problem is that the elk cannot be shipped elsewhere to hunting preserves. If you take out all that is outside the high fence and irrigated areas, which is used for pasture, there is a lot of land not being used. There are maybe 60 or 70 acres that can be used for hay. The farm help in the house is not what the Simpsons claim, that they need all that help. OSHA came to the Simpsons since OSHA regulates the housing which has to be permitted and approved by the County. He read a letter from OSHA that says they did an inspection. The employer has not registered labor housing. They acknowledged there were two houses occupied by farm labor. The owner of the ranch has no employees. One has a relative living there and the other has a paid renter. The last one is an old mobile home that is being dismantled. The principal income has to come from work on the farm. Otherwise that means that everyone with farmland can set up mobile homes without permits and approval. Then they can rent them out. They have been used for rentals. He was not farm labor for the Simpsons. A lot of people have come and gone. The Tobiasons are good people but are limited as to what they can do. They need to be on the property. The old house is grandfathered. The Williams family, who previously owned the property, moved the north home to Crooked River Ranch when it was sold. They claim that the homes were not a part of the sale. None were left on the property for long. EFU rules talk about mobile homes. There were a lot of applications but most were not followed through. One home was there for two years but was being questioned. The Simpsons said that on June 22, 2011, a mobile home was grandfathered in for the Page's. They hauled in the mobile home in 1996. The records show that they did this. Clearly their financials do not show income based on what they say they have. They show payroll expenses in 2010 as zero, and $6,000 for 2009. There is a photograph of a new semi-truck and mobile home in the record. David Page is a long-haul trucker, not a groundskeeper doing spraying and pruning, weed control and mowing. Mr. Aplin never saw Mr. Page do this kind of work. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 6of15 He wants the Board to do what is right. There are a lot of people behind him to carry this forward to LUBA if necessary. The Planning Department should not allow this to happen, where anyone can bring in a mobile home. The burden of proof is on the applicant. They could provide payroll records and more. Mr. Aplin went into more detail, which is contained in the record. Commissioner Baney asked if there are four dwellings. Mr. Aplin stated that there is a building that is supposed to be used for farm use but he thinks it was turned into a dwelling. She asked if he received reduced rent to do work on the property. He said that he put in pipeline and handled the crops. He spent hundreds of hours working on the land but did not receive money for this. He said he paid market rent while there. He said the Simpsons lived in Jefferson County for a while. The Pages who owned the Jefferson County property lived in the north house, but he was not living there at the time. Mr. Aplin stated that Glen Cooper worked on the pipeline for over four years but did not want to testify Cindy Yeager said she has known the Simpsons for six years. She can't say much about the housing but they have had a lot of people there to try to correct problems. She and her husband volunteer there, and there is a lot going on. Her husband helps if the Simpsons are gone for a couple of days. She does not feel Mr. Aplin's testimony has been honest. These are hardworking people, including Mr. Tobiason. Farm work is more than using your hands. There is a lot of knowledge and paperwork involved. Mrs. Tobiason is also a big asset, feeding the animals and more. Ms. Yeager said she wasn't going to speak but could not just sit there and ignore what was being said. These are honest and hardworking people, and have tried to settle this situation amicably. Dobbs Presley, Redmond, stated that he has never seen cattle there, just elk. He said that people are honest when they need to be, but it is human nature to fudge a little. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 7of15 Marilyn Tobiason said she and her husband worked on a whole new field last year. There are cows out there and they are now calving. They are out looking after the cows at all hours. Her husband works hard on the farm. They sold their farm and retired to this one. There is nothing they can't do. She drives a backhoe and farm equipment. It is seasonal due to the weather. Mr. Aplin has not been there for two years and can't see what they are doing. The top story of the two-story building is full of elk horns, and the rest full of farm equipment. There is a lot of work having to do with the elk. Ms. Simpson said that everything is up to par with the Assessor's Office at this point. One neighbor who signed a petition said he was misinformed and wanted his name removed. Water rights and well water are used as appropriate. Hay sales are tough. Some years they don't sell until spring. They have had a lot of elk and cattle, and use more of their hay on site. Regarding the fancy truck, the man is a long-haul trucker but his wife is involved with the ranch. They have been working with the County on this for some time. They have 18 fields and Mr. Aplin took care of four. He got the use of the land in exchange for putting heifers on the property, but put almost double the number on the property that he was supposed to. The Planning Department found that the building in question is being used for a vet room, and for storing antlers and equipment. Ms. Fancher stated that the opponent is applying standards that are not the same. The majority of the income does not have to come from the use of farm help. It means the principal use is farming, whether seasonal or full-time workers are needed. In this case, Terri Page lives in the south house and helps, and meets the legal test. Also, regarding the houses, when the Simpsons bought in 1995 there were three dwellings on the property recognized by a 1991 decision of the County. The south house was approved in 1977; that was completed, and replacement of the dwelling was approved several times. The Simpsons replaced that dwelling the same way, under the 1977 rules. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 8of15 The uses and activities on the property are legal. They hired a firm to place a manufactured home on the property but the firm did not get a placement permit. They should start with 1977 and replace it in the same way. The differences seems to be the fact that these homes are new. The use is the same but various homes got moved on and off for that use. They did not let this go for a year in order to comply. The replacement dwelling law applies. It needs a permit but overall it falls into the rules. Ms. Simpson said they farm because that is what they do. It is hard work. If the County does not want them to farm, they will split it up, sell and retire. Commissioner Baney asked what language or what bar there is for interpreting farm help. She asked if it is assisting with the land in the decision or in Code. She asked what the threshold is for farm help. Staff presented closing arguments. Cynthia Smidt said one is family related and one is non-family related, the south home. They need to be principally engaged in the farm use either seasonally or all the time. Mr. Lelack stated that this is not an issue they deal with very often. They need to find out what `principally engaged' means. The State says there is little if any clarity at the State level. They do not believe there is an income threshold or an insurance requirement. They have not seen these as standards in State law. It is one reason they imposed conditions of approval; specifically, beginning January 2014 they need to submit annual reports regarding farm help in the dwellings. This is similar to the medical approval criteria. The owners agreed to comply with this. Commissioner Baney said that the question is, what is `principally engaged in the farm use of the land'. She knows this is hard work. Planting, harvesting, marketing is all listed, along with caring for livestock. She is struggling with the records and accounting part, which may not have to occur on the property. Mr. Lelack stated they are working with the applicant to learn more about this. Everything is now on the table and the decision is a fragile compromise. Potentially it could be a replacement dwelling based on past history. The Board could interpret this differently. All they would have had to have had is a building permit. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 9 of 15 Ms. Smidt pointed out that if the south home is truly grandfathered, it would be a different decision for the Board. They did not agree with this at first, so instead it came in as a farm help dwelling. Commissioner Baney asked if there is a definition of farm help. Ms. Smidt stated it is `persons engaged with helping the farm' in simple terms. There is no definition in State law. Commissioner Baney said that when allowing uses on restricted land, it is an important task. Chair Unger feels that farm help criteria should be expanded. They can look at traditional uses, but also need to consider how farms will be managed in the future. It could be very different today. Mr. Lelack stated that they toured the agricultural use building, which is all agriculturally related and exempt. Ms. Fancher asked to leave the record open for a period of time so she can detail what Ms. Page's work involves. Ms. Craghead said if there are more documents to come, the opponents need an opportunity to respond. She suggested a week for new information, a week for others to review, and another week for rebuttal and final argument. Ms. Fancher asked that she have the right for more time if new information is submitted by the opponent. Ms. Craghead said it is appropriate to ask for this. The following was decided: . Further written documentation needs to be submitted by March 4, 2013 at 5:00 p.m. • Responses and rebuttal to the record need to be in by 5:00 p.m. on March 11, 2013. Final arguments from the applicant need to be in by 5:00 p.m. on March 18, 2013. Board deliberations can begin on April 1, 2013. Commissioners DeBone feels there is common ground relating farming, green fields and animals. This is the funnel that Oregon requires. He supports farming and grazing, but sometimes these situations need clarity. The oral record was closed at this time. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 10 of 15 Before the Board was Consideration of Approval of the Consent Agenda, Commission DeBone said he has a couple of changes to the minutes, which will be considered for approval at the work session. BANEY: Move approval except for the minutes. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Consent A enda Items 6. Signature of Document No. 2013-053, Amending a Lease for County Server Space to the State 7. Signature of Document No. 2013-054, a Deed of Dedication to the City of Redmond for a Small Parcel in the Public Right of Way 8. Signature of Document No. 2013-055, a Power Line Easement to Central Electric Cooperative 9. Signature of Resolution No. 2013-007, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Transfers Out and Capital Outlay in the Finance Department 10. Signature of Resolution No. 2013-008, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel and Materials & Service in the Sheriffs Office Fund 11. Signature of Resolution No. 2013-009, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel in the HealthyStart Prenatal Fund 12. Signature of Resolution No. 2013-010, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel in the Public Health Fund 13. Signature of Resolution No. 2013-011, Transferring Appropriations for a New Grant in the Behavioral Health Department 14. Signature of Resolution No. 2013-012, Transferring Appropriation from Contingency to Personnel in the Public Health Department 15. Signature of Resolution No. 2013-013, Appropriating a New Grant in the Public Health Department Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 11 of 15 16. Signature of Resolution No. 2013-014, Transferring Appropriations from Contingency to Materials & Service and Capital Outlay 17. Signature of Resolution No. 2013-015, Transferring Appropriations from Contingency to Transfers Out in the Liquor Enforcement Fund 18. Signature of Resolution No. 2013-016, Transferring Appropriations from Contingency to Personnel in the Behavioral Health Fund 19. Signature of Resolution No. 2013-017, Transferring Appropriations from Materials & Service to Personnel in the Behavioral Health Fund 20. Signature of Resolution No. 2013-018, Appropriating a New Grant in the Commission on Family & Children's Fund 21. Signature of a Letter Appointing Retired Judge Michael C. Sullivan as Citizen Member of the Local Public Safety Coordinating Council (PSCC) through December 31, 2014 22. Approval of Minutes: Work Session of February 13, 2013 Business Meeting of February 13, 2013 Board Retreat of January 28, 2013 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Signature of Order No. 2013-010, Submitting to the Voters a Five-year 9-1-1 Local Option Tax Levy to Fund 9-1-1 Emergency Services. This item was addressed early in the meeting. Chair Unger said that law enforcement from various agencies are in attendance to show support of this action, and he wanted to enable them to get back to work. Laurie Craghead gave an overview of the documents associated with this agenda item. Rob Poirier explained that this levy means a status quo continuation of the current funding level. Last May they attempted to form a new, more stable district, but it failed. The local option levy expires on June 30, and this would continue the level of funding at the current level. It greatly impacts the partner agencies. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 12 of 15 Bend Chief of Police Jeff Sale said he is the Chair of the 9-11 County Service District Board as well as Police Chief. 9-1-1 services are much more than what people think. It is not just a call-taking point for emergencies. Information gets relayed to the appropriate agencies in a coordinate fashion. There may be more than one agency involved. The dispatch portion is just as important as the front-end call taking. They are very efficient and it works well. Chief Mark Mills of Sunriver added that in the last few years, 9-1-1 has become even more efficient. It is important that these services continue. Smaller agencies use 9-1-1 as the dispatch center and are a lifeline. Sometimes people think 9-1-1 call takers are just dealing with them, but they are also dealing with agencies in the field. Chief Denney Kelley of Black Butte Ranch Police said that his small agency and the fire agencies need competent dispatching, and it can't happen without a centralized 9-1-1 center. There are small police and fire agencies here that rely on t9-1-1. If funding is lost, either the smaller agencies have to start charging for services or they cease operations. None of the agencies want their ability to respond based on whether they have dispatch services. _ Sheriff Larry Blanton added that May 21 is the most important election for the County in a long time. The rate is the same as five years ago. Educational advancements and economic development cannot function with 9-1-1. It is the foundation for all public safety in the County. Without it, he is not sure what they will do. He encouraged the Board to make time to let people know. This extended levy is critical and without it, public safety will step backwards. Every city council and all public safety entities need to support this. This is vital to everyone in the area. Chair Unger said that this is the most important thing before the Board now, and want to be sure voters are informed and supportive. They need to work every day to get this passed. Commissioner Baney stated that 9-1-1 is a wonder example of partnering together. It works and is effective, and is what the taxpayers want to see. She will make herself available to meet with groups and individuals to support this issue. Commissioner DeBone said that many agencies, large and small, are dispatched through 9-1-1, and he supports the extension of the current levy. BANEY: Move approval of the Order. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 13 of 15 VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $9,597.99. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $4,608.65. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 26. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $756,386.81. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 14 of 15 27. ADDITIONS TO THE AGENDA Being no further items addressed, the meeting was adjourned at 12:30 p.m. k DATED this Day of Y l A 2013 for the Deschutes County Board of Commissioners. azzt-Y~~ - Unger, Chair Tammy Baney, Vice Chair ATTEST: ZNWXIL Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2013 Page 15 of 15 TE~ ^~G2 n { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest S~ Date l `LS Name ? _ T7t,.~ < < Address Phone #s E-mail address L z . L Z L ,r C c, In Favor F~ NeutraWndecided Opposed Submitting written documents as part of testimony? Yes No o z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest S- Si v.., Date z~Za Name ch S-i Addres s 00 Phone #s E-mail address In Favor F-1 Neutral Undecided F-1 Opposed Submitting written documents as part of testimony? Yes F] No ,T`~TE~ co o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK l7 Agenda Item of Interest 6,. , 5 k Date Q~~ Name Address Phone #s~ . E-mail address ❑ In Favor im Neutral/Undecided F1 Opposed Submitting written documents as part of testimony? Yes No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date Name ZZ4 4/1 a Z? 1;1~ Address Phone #s _ _Q3- E-mail address In Favor Submitting written documents as part of testimony? Yes No Neutral/Undecided ❑ Opposed ,VIA,>TEs c4 ' w < BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest .1 4AA_P4 q-5&Date J Name L2g P,,z //t// Address Zo U-)& 4~~5 r-noltlAz(E-- Y77 Phone #s E-mail address 1-1 In Favor 0 NeutraUUndecided Submitting written documents as part of testimony? Yes o ~ Opposed No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest s Date -312 ,Z-/l 3 Name Gk v(~ s du Address > 3 L T !'Y'--C d7a~•~ r~ ~ Q~12 Phone #s 7 -2 '2 2 - c d E-mail address o h t s s G~ e 1% r In Favor NeutraVUndecided 0 Opposed Submitting written documents as part of testimony? F~ Yes ❑ No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date Name Address Phone #s E-mail address - F] In Favor ❑ Neutral/Undecided ® Opposed Submitting written documents as part of testimony? ❑ Yes No a BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date Name _ l Address ce--" 6f CS f'~ Phone #s E-mail address . In Favor D Neutral/Undecided Submitting written documents as part of testimony? F~ Yes Opposed No JERICHO ROAD Serving the homeless and hungry POB 1689 Redmond, Oregon 97756 February 25, 2013 Deschutes County Commissioners Deschutes County Offices 1300 SW Wall St. Suite 200 Bend, OR. 97701 Honorable Commissioners, The volunteers and board members of Jericho Road would like to thank the Commissioners for their moral and financial support over the past several years. Your generosity has been a significant part of the support of our efforts to assist those in our community who are less fortunate than ourselves. You certainly know from experience that the money provided in the past to help support our housing, meals, food bags for children and other emergency needs is a truly positive investment in our community. No government agency, private foundation or corporation could leverage their resources so totally to impact the challenges faced by the families and individuals we assist. Ninety percent of every dollar we generate goes directly towards helping people. This is only possible because of the more than 120 volunteers from our community who are totally dedicated to our mission. We have provided a year-end report which highlights some of the significant activities, supporters, awards and volunteers of our organization. We hope that you find it informative and helpful. Jericho Road is very proud to have the level of community support that it enjoys in its various programs throughout the Redmond area. What the future of Jericho Road may be, we do not know. We realize that want and need is a reality of our present society which cannot be ignored. Jericho Road will continue to make the efforts necessary to meet as many challenges as possible. With the continued support of our County Commissioners, we are confident that we will prevail. Thank you again for your support and understanding. With Highest Regards, Eleanor Bissonette, Co-Chair Jericho Road s.. ..r a, o$ L3 't7 cc O CC O .C mom% U3 s a t u L 4-- O ° 3 C - LL. 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Jericho Road is the largest ecumenical social service effort east of the Oregon Cascades. Twelve local congregations not only provide regular financial support but also the volunteer workers who make Jericho Road a success. We could not serve without your support and we sincerely thank you! Since 2008, when Jericho Road received its non-profit status, our programs have expanded to meet the increasing needs of our neighbors and friends. • Transitional housing for homeless families with children. Nine families have received housing support, volunteer mentoring and assistance with setting personal goals such as education, health and hygiene, nutrition, job search and family dynamics. These families have moved on to re-enter society as contributing citizens with healthy families. • Immediate housing assistance. This new component can provide a motel room for the night, enough gas to get to work rental assistance until their next paycheck or get a flat tire repaired. It is the day to day crises that are all the more serious when you have no money and nowhere to turn. Jericho Road and its volunteers are there to help. • Bags of food every Friday. During the school year bags of food are distributed to hungry students at all schools in the Redmond School District. These packs go home to families where there may be younger brothers and sisters, grandparents and extended family. Recently a note was returned in one of the packs. It simply stated, "Thank you so much, sometimes we need the helpl " Another note stated, "Your ministry touches the ever present need in our students' lives. Thank you. Thank you. Thank you': What more needs to be said? • Free, hot meals. Jericho Table provides meals at the Redmond Senior Center twenty-twenty- five nights a month to everyone who comes in the door. Volunteers help serve meals, wash the dishes, pots and pans, and clean the facility. They also provide social inter-action with the guests each evening. Jericho Table has also become the gathering place for some remarkable activities and newer programs such as: O Our most excellent bicycle repair and supply emporium. Dozens of reconditioned bicycles have been presented to children as well as adults. To many of us bicycles seem like toys from our childhood, but they are an appreciated mode of transportation that is essential in a country where distances are measured by miles and not blocks and mass transport is practically non-existent and gas is too expensive. O Portable shower stalls that visit on a regular basis and are supplied by the Central Oregon Veterans Outreach and Icon City. O Food bags & personal hygiene packets provided by Vital Provisions and Raymond James & Associates. o Extra Friday meals and the Saturday Pizza Parties coordinated through City Center Church and Word of Victory Church. People come to Jericho Table hungry, cold and alone. They experience friendship, love, food, e companionship and hope. We are truly blessed to be able to help those who are in such need. And in helping, we ourselves are lifted spiritually and emotionally knowing we are indeed doing God's work. 9 Who Road received the award as the. Govc:rnor,s ti"01111lict W '~.g c.y in i evitr.fl Oregon kw _Iio1.2. 11 acknowledges the limits (of 9ove,.r'rrrrrent to rnee, the a ?fal"ienjr ~.s (.4 a ul, soc;tIN Alld the ar"'i.tilude for vu.lonleers who help thernselvcs ni their heart', olA fath(-r's 1). Their ,Icfionsb Jericho Road acknowledges that, just as we could never exist without our volunteer support and congregational generosity, there are others who we want to thank as well........ 1. The community partners: Deschutes County Commissioners, Redmond Kiwanis, Redmond School District, Family Access Network, NeighborImpact, Redmond Senior Center, Icon City, Central Oregon Veteran's Outreach, Vital Provisions, the Homeless Leadership Coalition, the City of Redmond Police Department, WELCA, Raymond James & Associates, Deschutes County Sheriffs Department, Redmond Wal-Mart, Trader Joe's and the City Center Church. . 2. We thank those foundations, organizations, businesses and corporations that have given generously to help support Jericho Road programs: Deschutes County Commissioners, Cow Creek Umpqua Indian Reservation Foundation, Campbell Foundation, Crop Walk, Presbytery of the Cascades, Selco Credit Union, Deschutes Brewery, Wells Fargo Bank, On Point Credit Union, Autzen Foundation, Oregon Community Foundation, Herbert A. Templeton Foundation and the Reser Foundation. 3. The Redmond area congregations who support Jericho Road through their prayers, generosity and sense of community: All Peoples UCC Amazing Grace Bible Fellowship Berean Bible Church Church of God 7t' Day City Center Church Community of Christ Church Community Presbyterian Church Highland Baptist Church Redmond Assembly of God Redmond Seventh Day Adventist Church St. Alban's Episcopal Church Word of Victory Church Zion Lutheran Church Finally, Jericho Road would like to thank each and every one of our volunteers who so graciously and lovingly give of their time and their resources to help those who, like the traveler along the Road to Jericho so many centuries ago, needed help. Those you serve may never know who you are but their lives have been and will continue to be improved because of what you do! We ask all of you to keep us in your prayers and to those in need in our community. P JERICHO ROAD BY THE NUMBERS Total Budget for 2012 = $82,17149 Projected Budget for 2013 = $88,655.00 Total number of meals served in 2012 = 8,018 Total expenses for Jericho Table in 2012 = $31,978.00 Total number of families with children receiving rental assistance and emergency support in 2012 = 5 Total expenses for Transitional Housing and Emergency Support in 2012 = $21,00895 Total number of bags and packs delivered in 2012 = 1,405 Total expenses for bags and packs in 2012 = $11,088.33 Number of volunteers = Approximately 140 Number of volunteers hours = Approximately 4,675 Number of volunteers hours times Oregon State minimum wage ($8.95) _ $41,841 i * * it should be noted that for grant-writing purposes, the average wage used to compute volunteer in- kind is usually $11.28 (for food preparation, sorting or serving) or higher depending on the tasks. That would compute to $52,734! Never let anyone tell you that volunteering isn't valuable! Community Development Department Planning Division Building Safety Division Environmental Soils Division P. O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-5575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: February 19, 2013 TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner RE: Public Hearing for Administrative Determination request for two farm-help dwellings in the Exclusive Farm Use zone. File nos. MA-12-1 and AD-11-1. Before the Board is a request for a land use application to establish two farm-help dwellings on the subject property. The subject property is within the Exclusive Farm Use zone. The applicant is Cross Anchor S Ranch LLC. The review of this application is in response to the Board's decision to initiate review of the request via Order 2013-003, which is based on Planning staff recommendation. BACKGROUND The 834.43-acre subject property is located at 71300 NW Lower Bridge Way and is further identified on County Assessor tax map 14-12-00 as tax lot 800. The property is owned by Cross Anchor S Ranch LLC (Steve and Kathy Simpson). The applicants have requested through file nos. MA-12-1 and AD-11-11, to establish two farm-related dwellings customarily provided in conjunction with the existing farm use on the subject property. The site currently is developed with three homes, two of which are manufactured homes. The property owners and primary farm operators, Steve and Kathy Simpson, will occupy the 1990 Fuqua manufactured dwelling (North home). The 1932 site built home is proposed to be a Relative Farm Assistance Dwelling, occupied by Eldon and Marilynn Tobiasson, Kathy Simpson's father and stepmother, respectively. The request also includes the second manufactured home (South home) be used as an Accessory Dwelling for farm assistance. Current occupants of this home are David and Terry Page. This land use application is a result of three Code Enforcement files, C11-28, C11- 29, and C11-30. The original complaint questioned the legality of manufactured homes on the property. Case C11-28 addresses the issue of multiple dwellings on the subject property. Cases C11-29 and C11-30, respectively, address the issue that manufactured homes were replaced without proper permits and connected to a septic system without authorization. In addition to reviewing the request for two farm-help dwellings on the subject property, based on comments received and the complaint presented to County Code Enforcement, Planning staff evaluated the historical development patterns (single-family dwellings, in particular) and the legal Quality Services Performed With Pride status of three dwellings on the subject property. Planning staff issued a decision approving the request for two farm-help dwellings on December 28, 2012. On December 31, 2013, the decision was appealed by Jerry L. Aplin (file no. A-12-4). Mr. Aplin listed arguments as to why the administrative decision should be reversed or reevaluated. On January 2, 2013, Planning Division staff requested the Board initiate review of the administrative decision through a de novo review. On January 2, 2013, the Board decided to initiate review and, under its own motion, decided to hear the review de novo as referenced in Board Order 2013-003. Mr. Aplin's appeal is based on three assertions of error in the staff decision. The assertions are listed here and further detailed in the attached Notice of Appeal. 1. The people living in the homes on the Simpson property do not play a pre-dominate role in the management and farm/ranch use of the property, and their prinicpal income does not come from the work on the farm as required by EFU rules. 2. The condition of approval does not require enough proof from the Simpson's to prove that these homes are no longer being used as rentals for non-farm help. 3. Proof that these homes are used by the farm help need to be by payroll stubs, W2 forms, [and] workman compensation forms and need to be submitted to Deschutes County on an annual basis. Staff believes the Planning Division's administrative decision was sufficiently thorough and accurate in the review. However, staff recommends the Board discuss the above assertions and any other issues presented in the hearing. Background information on the record to date is available for inspection at the Planning Division. Attachments 1. Staff Decision on file nos. MA-12-4/AD-11-11 2. Notice of Intent to Appeal (file no. A-12-4) 3. Order No. 2013-003 File Nos.: MA-12-1 and AD-11-11 Page 2 of 2 ,-TES Q'~ Community Development Departmie nt 117 NW Lafayette Avenue, Bend, OR 97701-1985 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd a, APPEAL APPLICATION o~ FEE: EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant Is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): mwz ~G t rd Phone: 0~0 ! Mailing Address: ty/State/Zip:1-1~ owc-~ er Land Use Application Being Append: r~` ~a~~ l ^ 1 Property Description: Townp6ip / Range. Appellant's Signature: Tax Lot's EXCEPT AS PROV D IN S)ECTION 22.32f024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF Alff HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON-THE-RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) ~ 7/09 NOTICE OF APPEAL io a"V ZFAI&JI 40- !Sr'ss. ~i~ 7-t7G tv~ -rwAf i s 6- pr P0p Qe-VL1t?-A) AWIV L-L<- P4- 4- 00, ("this page may be photocopied if additional space is needed.) F4f4~6 c-L- 25-~Gc5--5 . WA Fg- zs REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE,S COUNTY, OREGON An Order Initiating Review of Administrative Decision in File No. MA-12-1 (AD-I 1-11). ORDER NO. 2013-003 WHEREAS, staff issued an Administrative Decision on Application No. MA-12-1 (AD-1 1-1 1); and WHEREAS, Section 22.28.050 of the Deschutes County Code allows the Board of County Commissioners ("Board") to initiate review of any administrative action within 12 days of the date of mailing of the final written decision of the Planning Director; and WHEREAS, the Board has given due consideration as to whether to initiate review of this application; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board hereby initiates review of application MA-12-1 (AD-I I-1 1) pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. Section 2. The review shall be heard de novo. Section 3. Staff shall set a hearing date and cause notice to be given to all persons or parties entitled to notice pursuant to DCC 22.24.030 and DCC 22.32.030. Dated this/ ~ of , 2013 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, Chair o TAMMY BANEY. Vice hair ATTEST: Recording Secretary 4t0jA---, ANTHONY DEBONE, Commissioner PAGE I OF I - ORDER NO. 2013-003 LIZ FWNME-97 74 M911M "Y Liz Fancher Sue Stinson, Paralegal February 25, 2013 BOARD OF COMMISSIONERS DESCHUTES COUNTY 117 NW LAFAYATTE AVENUE BEND, OREGON 97701 Re: Cross Anchor S Ranch, Tax Lot 800, Assessor's Map 14-12-00; AD-I1-I 1 The Simpsons request that the Board of Commissioners find that the southernmost manufactured home on the Simpson property is a replacement dwelling for a single-family home approved in 1977 and does not need to be shown to meet current criteria for the approval of a farm help dwelling. The following facts established by the record of AD-11- I l that support this approval are: ESTABLISHED FACTS RE SOUTHERNMOST MANUFACTURED HOMESITE 1977 Deschutes County approves the placement manufactured home as a farm- related dwelling. At the time, there is a "stick-built" home on the ranch. 1977-91 Deschutes County allows replacement of the manufactured home placed on the property in 1977 on a number of occasions without formal land use review. Rules regarding farm help dwellings are adopted and in place when homes are replaced. 1987-95 Lavinia McDaniel and her spouse lived in the southernmost manufactured home. 1991 Deschutes County approves the use of the northernmost manufactured home as a second farm help dwelling in CU-91-171. The CUP requires the owner to remove the northernmost home if the property is sold. After approval, there are two manufactured homes and one "stick-built" homes on the property - one being the McDaniel manufactured home. 1995 The Simpsons purchase Cross Anchor S Ranch from the Williams family. The property contains a single-family home and two manufactured homes - the northernmost manufactured home and the southernmost manufactured home. 644 NW BROADWAY STREET BEND, OREGON - 97701 PHONE: 541-385-3067 FAX: 541-385-3076 Oct 1995 Lavinia McDaniel removes her manufactured home from the site of the southernmost manufactured home. The Simpsons are allowed one year to replace the home or their right to continue the use lapses because the use approved in 1977 is no longer allowed (second farm-related dwelling). July 1996 The Simpson replaced the manufactured home that was removed by Ms. McDaniel with a similar manufactured home with about the same dimensions. The law in place in 1996 allowed the Simpsons to replace the home without any land use permit because it was lawfully established in 1977 and had indoor plumbing, intact exterior walls and roof, interior wiring and a heating system and because the law had changed to no longer allow a second primary dwelling as a use permitted outright which made the use of the dwelling a nonconforming use. The Simpsons failed to obtain a building permit for the replacement dwelling but met the replacement dwelling law does not require that the Simpsons obtain a building permit. The Simpsons agree to seek and obtain approval of all required building permits for the southernmost dwelling. I've attached a part of the legal analysis I provided to County staff on this issue to support approval of this request. Sincerely, Liz Pan he Cc: client ENCLOSURE FOR FEBRUARY 25, 2013 LETTER TO BOARD OF COMMISSIONERS (SIMPSON) LEGAL FRAMEWORK ORS 215.130 provides the framework that counties must follow when deciding nonconforming use applications. The County's code provides additional details. The relevant law says: "The lawful use of any building, structure or land at the time of enactment or amendment of any zoning ordinance or regulation may be continued." ORS 215.130(5). A nonconforming use must be discontinued or interrupted for a period of one year before it is lost. ORS 215.130(7)(a); DCC 18.120.010(B)(3)(a). Deschutes County has decided that this period of time is one year. A use must be discontinued or interrupted for this period in order to be lost. A nonconforming use is not lost or abandoned if operated, after it is lawfully established, without all required legal permits as the lack of permits does not interrupt or discontinue the use. The maximum period of time that Deschutes County may ask the Simpsons to prove the "existence, continuity, nature and extent" of the nonconforming use is twenty years. The law says this date is measured from the date an application seeking recognition of a nonconforming use is filed. ORS 215.130(11). Any change in the nonconforming use that occurred over 20 years prior to the filing of the application is a part of the "grandfathered" nonconforming use. Reeder v. Multnomah County, 59 OR LUBA 240 (2009)(an illegally established expansion area of a campground was grandfathered because it was established over twenty years prior to the filing of the land use application). The County may, however, look beyond the 20 year period if necessary to determine that a nonconforming use was lawfully established. • Evidence that demonstrates the existence, continuity, nature and extent of a nonconforming use during the ten years prior to the date the land use application is filed creates a presumption that the use is lawful and continued uninterrupted from the date established to the date the land use application is filed. ORS 215.130(10)(a); DCC 18.120.010(F)(3)(a). ORS 215.283(1) provides a list of uses that Deschutes County must allow as uses permitted outright. Brentmar v. Jackson County, 321 Or 481, 900 P2d 1030(1995).1 From before 1995 until the present day, ORS 215.283(1) listed a "replacement dwelling" as a use permitted outright. This law allows a property owner to replace an existing home with another home in any lawful location on their property. The home being replaced must have certain characteristics - all of which are found in a typical manufactured home, like the one owned by the McDaniels. Deschutes County has not required that all actions undertaken to initiate an approved use or to retain a nonconforming use must comply with all legal requirements and that if not, the use is forfeited. For instance, the County allows property owners who have altered their nonconforming uses without 1 Only LCDC may further restrict these uses. Lane County v. LCDC, 325 Or 569, 942 P2d 278 (1997). No additional restrictions relevant to this analysis have been imposed on the replacement dwelling use. County approvals and without other required construction-related permits, to obtain after the fact approval of the alteration or initiated use. For instance, in DR-98-2, Deschutes County found that the construction of homes established without building permits was a part of the development activity that initiated and vested a land use approval for a planned development. The use was vested and protected and the property owners were simply told that they were responsible for obtaining necessary building permits and septic authorizations. APPLICATION OF LAW TO FACTS • The residential use established in 1977 on the Cross Anchor S Ranch by the Williams family was a second single-family dwelling that was a part of the farm operation. At the time, this was a lawful use and it is the use that was "grandfathered." The use occurred in a manufactured home - a structure that is frequently replaced but if the structure is replaced, the use continues. • In 1979, PL-15 was adopted. It created the use of "a mobile home as an accessory farm dwelling." This use required conditional use approval by the County. PL-15, therefore, made the 1977 dwelling a nonconforming use subject to the rules of ORS 215.130. When manufactured homes were replaced, Deschutes County approved permits for the new mobile home without requiring conditional use approval. • Deschutes County can rely on evidence that is up to twenty years old, but no older, when determining the "existence, continuity, nature and extent" of the second dwelling use occurring at the southernmost home site on the ranch. It may rely on evidence that is older than that date to show that the use was lawfully established in 1977. The evidence in the record shows that a second single-family home was established on the property in 1977 and replaced, with County approval in the 1980s. In 1991, this second home was still on the property. • A use, to be a grandfathered nonconforming use, must be lawful when established. There is no requirement that the nonconforming use be lawfully operated in all regards after it has been grandfathered. For instance, in the Reeder case the expansion of the park was known to be illegal but still a nonconforming use. In addition, the park lacked many required development permits, such as a building permit for the campground laundry facility. LUBA accepted the view that the lack of permits is a problem that can be corrected. LUBA did not find that the failure to lawfully operate the nonconforming use rendered it abandoned or discontinued. • The Simpsons have shown that the southernmost home site on the Cross Anchor S Ranch has been in continuous use for the past ten years. This fact creates a presumption that the use continued ever since it was first established - in this case in 1977. • Evidence provided by Mr. Aplin and the Simpsons shows that a Redman manufactured home was placed on the ranch within one year of the time the McDaniel home was removed so the nonconforming use was not abandoned. • The Redman manufactured home was a replacement dwelling of a second single-family farm dwelling. It has been used as a replacement dwelling since it was replaced. Modification: AD-11-11 Kathy and Steve Simpson Ranch address: 71300 NW Lower Bridge Rd. Terrebonne, OR 97760 November 19, 201.2 New information to be considered in the application. ❖ Modify this application (AD-1141) to allow for an "Accessory Farm Help Dwelling" for the Southern manufactured home on our 850 acre ranch. ❖ Please reference our March 16, 2012 document submitted to the Deschutes County Planning Department for detailed information. ❖ This "Accessory Farm Help Dwelling" will allow for us to have the seasonal and year-round assistance needed in working our ranch. ❖ Modify this application (AD-1141) to allow the "stick built" home as the Farm Help Dwelling. There has been an extreme amount of opposition from Jerry Aplin to anything we do on our ranch. He has accused us of falsifying documents to the County; This is not true. He has continued to call and physically walk into to County to complain about what we do on our ranch. Jerry Aplin contradicts himself in complaint letters to the County. Jerry has no idea what we do on a daily basis to run our business. When we purchased our ranch in 1995, we visited the County Planning Dept. to make sure that every home on our ranch was "legal". We were informed by the County that the "sick built" home and the 2 manufactured homes on our ranch were indeed legal. Because of a lack of records in the County's computer base, we have currently applied for a "Family Farm Help Dwelling" to put this matter to rest and to end this harassment by Jerry Aplin, both for the County's sake as well as ours. As well as applying and paying all fees for Placement, Electrical and Septic approvals needed. Also on our ranch, we built an Ag Building, with all applications and permits in place. We also allowed for John Griley, Paul Blikstad, Cynthia Smidt and Nick Lelack to make a site visit and verify what buildings and homes are on our property (March 2012). Including touring through the inside of our new Ag Building that Jerry Aplin continues to claim we are not using it for what it was intended. This application for "Relative Farm Assistance Dwelling" is for Kathy Simpson's father and stepmother (Eldon and Marilynn Tobiasson) to reside in a home on our ranch (Cross Anchor S Ranch, LLC) located at 71300 NW Lower Bridge Rd., Terrebonne, OR 97760. Deschutes County Assessors map 414-12-00 as tax lot 800. See attached "Job Description/List of Duties" that my father (Eldon Tobiasson) and stepmother (Marilynn Tobiasson) will perform and have performed here on our ranch. Their help is absolutely needed to keep our ranch running. Cross Anchor S Ranch, LLC is located in an area called "Lower Bridge". This area consists of large farms with irrigation wells and water from Three Sisters Irrigation District. Natural Resources and Conservation District has been working directly with the Lower Bridge farmers in the designing and engineering of irrigation piping projects for water conservation. My husband and I have farmed this 850 acres since our purchase of the ranch in 1995. Irrigation alone consists of 2 pivots, 8 wheel-lines and 7 hand-lines. Wheel-lines and hand-lines must me moved twice daily during the 7 months of growing season. The entire 850 acres is fenced and crossed fenced adding up to approx. 7 miles of fencing to maintain. Livestock consists of: 35 head of horses, 200-275 head of Rocky Mountain Elk and 35-75 head of cattle. Cross Anchor S Ranch, LLC produces approx. 1000 tons of high quality grass hay and alfalfa hay. Our hay sales clients consist of feed stores in the valley as well as many large horse breeders. The ranch also raises Rocky Mountain Elk. On an average year we run between 200 and 275 head. Our elk are some of the top blood lines in the nation. Our breeding stock are highly sought after in many Western States. Antler sales are part of our yearly sales, as well as the teeth & hides. Our elk meat is represented at several Central Oregon restaurants as well as Portland and Seattle Washington fine restaurants and resorts. The Farm Operators, Kathy and Steve Simpson, make the sole decisions for the ranch. These decisions include but are not limited to; breeding, feeding, marketing, planting, harvesting. (see attached Job Description/List of Duties). The farm operators not only make the decisions but also do the day to day work on the farm. The farm operators (Kathy and Steve Simpson) will continue to work and make all decisions after the Relative Farm Help Dwelling is approved. This is our life and we will continue to live here and work here. 4, k-4-t jly sC3.~ JOB DESCRIPTIONS & LIST OF DUTIES KATHY SIMPSON 50% Owner of Cross Anchor S Ranch, LLC Co Ranch Manager (time spent approx. 70 hours/week) Provides strategic planning for the breeding program for the elk Administers all vaccinations to the elk Administers all vaccinations to the horses Timely de-worming program of elk, horses and cattle Necropsy of every elk that are slaughtered for meat sales Marketing Director for meat sales, Elk Velvet sales, including shipping/mailing Hands on daily caretaking and feeding of "bottle baby" calves (elk and cattle) Monitoring the calving season for elk, cattle & horses. Including observing actual calving with binoculars daily. (as many calves as 5-8 per day) Training of horses to prepare them for sales. Including halter breaking of colts, round penning, first saddling, riding. Maintains all financial records for: Sales (hay, horses, elk, elk velvet, elk antlers, equipment) Accts Payable (payroll, equipment purchases, electrical for irrigation pumps and pivots, parts, repairs and maintenance; feed, veterinarian supplies, fertilizer, etc.) STEVE SIMPSON 50% OWNER OF CROSS ANCHOR S RANCH, LLC Co Ranch Manager (time spent approx. 70 hours/week) Director of all irrigation piping projects Gathering of elk for veterinarian and vaccination work. Moving elk in pasture rotation Marketing of elk antler sales Marketing of elk breeding stock Gathers and transports elk to butcher for slaughter Feed management for elk and cattle Excavator work for digging ditches for new pipelines & general needs Hay sales Equipment purchases and sales De-horning elk Welding and fabrication Equipment repairs and Maintenance Ordering of parts and supplies for equipment Hay Delivering Tagging newborn calves Castrating calves Haying (mowing, raking, baling, hauling) Fertilizing hay fields Fence building Coordinate and supervise all contract services Eldon Tobiasson (Kathy Simpson's father) Ranch Assistant Repairs fencing Aids in fabrication of repairs Tractor driving (discing, seeding, raking, baling) Moving of irrigation (handlines, wheellines) Planting of seed Gopher control in the hay fields Ground keeping Firewood cutting and hauling for shop Rock picking Driving dump truck Feeding livestock Terry and David Page Bookkeeper & Grounds Keeper Terry: Recording calving records Assisting Kathy with general bookkeeping David: Spraying and pruning Mowing grounds Weed control Road grading Cat driving/clearing Monitors pond level for irrigation and livestock water Assist in de-horning Welding and fabrication 911" Vr LIST OF DUTIES (continued) More details for the "South home-site" Spring and early Summer is extremely busy. Elk calving, horses foaling, repairs and maintenance on irrigation equipment for start up and preparing for haying season. Oil changes and general up-keep and maintenance on equipment such as tractors, balers, backhoe, excavator, and cat. David's mechanical knowledge saves us a tremendous amount of money. Without him we would have to send the equipment to town to be repaired. Farmers need to be as "thrifty" as possible. Weed control is very time consuming and David maintains the spraying around the ranch. You have to keep up on things like weed maintenance, or those darn weeds can take off and really get away from a person, causing much more work than needed. Kathy Simpson is responsible for the "banking" end of the ranch bookkeeping, but especially during the busy spring/summer months - there is a huge amount of outside work to be done. That is where Terry's help comes in. The recording of elk calving records is a huge job. Even watching after the calves are tagged so that we can match up cow to calf, making sure we have the right pair. This includes watching several times throughout the day whenever calves are nursing. Our calving stretches out from May - July. Every time elk groups physically are moved from pasture to pasture and split up and mixed with other groups/fields; the records "on paper" have to be changed. We have to keep these records up to date at all times. The State of Oregon requires domestic elk ranches to keep all records up to date. This means that any births, slaughters, sales, vaccinations, de-worming, movements from field to field, pedigrees etc. need to be tracked and data input into a computer program. Not only all this work needs to be "physically" done in the field, but it also means that someone needs to spend hours and hours sitting in front of a computer to track all of this information. Also, whenever out of state sales are made, a complete package of information has to be compiled and submitted to the receiving State. This includes pedigree, vaccinations, birth records (registration certificate), purity lab test, TB test results and Brucellosis test results. This is just a small sample of what we do here on our elk ranch, and while Steve and Kathy are out in the field taking care of business, there is a lot more that happens "behind the scenes" to keep the ranch running. Board of County Commissioners of Deschutes County, Oregon Alan Unger Tammy Baney Anthony DeBone February 22, 2013 Re: Administrative Decision in File No. MA-12-1 (AD-11-11) Dear Deschutes County Commissioners, I live in the "South Home" on the Simpsons Farm on Lower Bridge Way in Terrebonne, OR. I do not have another job other than being a housewife and I am principally engaged in the work on the Simpson Farm. Sincerely, Terri Page Board of County Commissioners of Deschutes County, Oregon Alan Unger, Tammy Baney, Anthony Debone. February 24, 2013 Re: Administrative Decision / File No.: MA-12-1(AD-11-11) Dear Deschutes County Commissioners, It has came to my attention an issue that gives me great concern and that is the conduct of Mr. Jerry Aplin with regards to Steve and Kathy Simpson. First, let me clearly state that I support the Deschutes County Planning Department's written decision. Next I would like to give you some history, that I hope will enlighten you to as to who the parties are in the above captioned case. I met and became familiar with Steve & Kathy Simpson in the summer of 1995. At that time, we had farms, not far apart and children of similar ages. The Simpsons have proven over the years to do things "old school" style. That is the style that our county has it's roots in. Where a hand shake means you will do it, no excuses. Where neighbors help each other out, when they see the need... no questions asked and no thank-you's expected. What is done, is done because that is what is right to do. This has been their style for over fifteen years. They are the kind of people that you want to have as friends, farm next too and for me, stand with when they have a need. Not because they are perfect, following every rule and dotting their i's, crossing their Vs. I stand along side them because of who they are, as people. How they have done that for me and many others, over the years and will continue to do so in the future. Simply put, I am proud to be their friend. That is the history of the human relationship but there is another relationship that the Simpsons and I have and that is a professional one. I own a process serving company and been working in Deschutes County since December, 1990. I am the process server who served Jerry Aplin with his eviction papers on 2-18-2011 and again on 3-10-2011 on behalf of my clients, Steve and Kathy Simpson. Our office has served Jerry Aplin several other times and are familiar with Jerry and Debbie Aplin. The issues that Mr. Aplin has brought up and continues to bring up stem from the date of that eviction (EV 110147). In the small farming community of Lower Bridge, I am somewhat surprised that Mr. Aplin has the level of concern that he does with the Simpsons. There has been three homes at this ranch for the entire time that I have known the Simpsons. I also know Eldon and Marilyn Tobiasson, Kathy's father and step-mother. I know them to be cut from the same cloth as Steve and Kathy. They are hard working, smart farming/ranching people. They are very valuable to Steve and Kathy on the farm. If this letter needs any clarification or if there is any issues at all that you would like to talk with me about, please call me on my cell phone of 541420-0297. I sincerely regret that I could not be there personally to support Steve and Kathy however I will be able to take calls during your hearing and any time there after. I appreciate you taking the time to read this letter and understand the history that is in this case. Sincere herry x 1913 Redmond, OR 97756 February 24, 2013 RE: Administrative Decision File No. MA-12-1 (AD-11-11) Dear Deschutes County Commissioners, We have known Steve and Kathy Simpson for 6 years. My husband and I are very knowledgeable with the Simpson's elk ranch having helped them with elk maintenance such as feeding and check -ups. We have become very close friends over the years and are so because the Simpsons are very hardworking, honest and hospitable people. Steve and Kathy have a very big job keeping up with all the work on their ranch and they do a great job. Eldon and Marilynn are very hard working people also. Their contribution in helping with the upkeep of the ranch, along with the feeding and care of all the animals is essential to the success of the ranch. The Simpson's elk ranch is a big asset to the community with people coming from around the area to see the elk close up. Steve and Kathy are always ready to educate those with questions. We support the Simpson's and the Deschutes County Planning Department's written Decision. Sincerely, [J `n' Cindy and Gary'Yeager Alan Unger Tammy Baney Anthony DeBone Dear Commissioners My name is Pam Mayo Phillips I have personally known and worked with Steve and Kathy Simpson since 1991 and have known and witnessed Kathy father Eldon Tobiasson work alongside on every aspect of their farming and elk operation. He has worked at the ranch and stayed in their home before moving on the ranch in 1998 and has been very involved and a very important part of their day to day operation. Steve and Kathy have worked very hard with all aspects of creating a successful family operation for their haying, farm, elk, cattle and horses on their place in Lower Bridge. They have created a business that involves all parts of the land use laws. Especially family farms as all members of their family have work very hard in this day to day operation to make a successful respected family business. I see family farms very abused as many are not working the land but are dividing up for real estate gains. This is not the case with the Simpson family, who have raised their children on this ranch and it has been very much a family unit and operation. I see many people every day who assume that since they own the land that it is not a violation when they add a residence on the property that they have no intention of selling off that portion but for the use as a residence for a family member that they are not doing anything wrong. I have marketed and sold a lot of land for the Simpsons in the past but they have never put this place on the market and tried to subdivide it to my knowledge. Sincerely Pam Mayo Phillips Board of County Commissioners Of Deschutes County, Oregon Alan Unger Tammy Baney Anthony DeBone February 22, 2013 Re: Administrative Decision in File No. MA-12-1 (AD-11-11) Dear Deschutes County Commissioners, I previously signed a letter addressed to Cynthia Schmidt, Deschutes County Planning Division, dated Dec. 10, 2012 which was delivered to the County by Jerry Aplin. I would like you to know that I was misinformed. I have seen the Simpson's farm operation and I now withdraw my signature from that Dec. 10, 2012 letter. I am in agreement with the Deschutes County Planning Dept's written Decision. Respectfully, Gregg COX 71130 NW Lower Bridge Way Terrebonne, OR 97760 Board of County Commissioners Of Deschutes County, Oregon Alan Unger Tammy Baney Anthony DeBone February 22, 2013 Re: Administrative Decision in File No. MA-12-1 (AD-11-11) Dear Deschutes County Commissioners, I have known Steve and Kathy Simpson for many years. My property is in the same community as the Simpson's ranch, and in fact I overlook their property. I am familiar with their ranch operation and I support the Simpson's and the Deschutes County Planning Dept's written Decision. Respectfully, To: Deschutes County Commissioners Frorrr Marc Thalacker, manager CC: TSID Board of Directors Data: 2125/2013 Re: Steve & Kathy Simpson The Simpsons have been farmers in good standing with Three Sisters Irrigation District since they joined us in 1995 and have made positive contributions to the District. Steve and Kathy Simpson have participated in the Lower Bridge Sub-Districts McKenzie Pipeline conservation project and their own on-farm conservation project was featured in the Natural Resources Conservation Service Agricultural Water Enhancement Program Conservation Showcase (see attached). Kathy Simpson is President of the Lower Bridge Sub-District #2 Board of Directors and serves as chairman of the budget committee for the district. United States Department of Agriculture Natural Resources onservation Service 1,64wj N RCS C OREGON Document Reproduces Poorly (Archived) lfi4ll . • sl?lowca4e Farmers, C fish and ~11~~2ff~~ZGtI.ben e f-i t from more economical and water supply. Terrebonne, Ore. - McKenzie Canyon farmers Kathy and Steve Simpson will be sleeping a lot better this summer. A newly-completed irrigation pipeline to their farm will eliminate the need for round-the-clock checks of their irrigation pond level. The Simpsons and 30 other landowners are benefiting from a USDA Natural Resources Conservation Service (NRCS) Agricultural Water Enhancement Program (AWEP) project that replaces open irrigation canals and ditches with 10.3 miles of 36" High-density Polyethlene (HDPE) pressurized pipeline, and provides turnouts and lateral pipeline connections on 1,976 acres of Central Oregon farmland. "We won't have to get up in the middle of the night to check the pond and make sure the right flow is going in or out; says Steve with a smile. If the water level isn't fluctuated correctly, the pond would overflow. Kathy adds, "We can go out to dinner without worrying!" For five years, farmers and ranchers in the Lower Bridge Sub District of the Three Sisters Irrigation District (TSID), NRCS, OWEB Confederated Tribes and a number of other natural resource partners have focused on the design and completion of the McKenzie Canyon project. According to Kathy Simpson, who serves as president of the Lower Bridge TSID Sub-District board, the water conservation effort will improve instream flows and water quality in Whychus Creek-formerly Squaw Creek-for salmon, steelhead and bull trout recovery and provide farmers with a more economical and reliable supply of irrigation water. The pipeline cuts transmission losses of 40 to 75 percent previously caused by canal and ditch seepage. NRCS District Conservationist Tom Bennett predicts, "The more efficient delivery system will increase instream flows in Whychus Creek, saving 10 cubic feet per second (cfs) water over the entire irrigation season' When the USDA is an equal opportunity provider and employer With the completion q'this project, is more stable and the power that was consumed for decades by pumps will now be used by 1~f,Ii in other ways. - Tom Bennett (NRCS District Conservationist) new pipeline system was charged, it exceeded Tom's expectations for efficiency, generating 5 percent more pressure than had been previously calculated. In addition to better sleep, the Simpsons will enjoy significantly lower energy bills. Steve estimates the annual savings on his electricity bill may reach $35,000. "We took out five pumps, saving us $5,000 to $7,000 per month for five months' Steve adds with a twinkle in his eye, "That may make the farm profitable!" The pressure that builds in the pipes as water drops in elevation creates the inertia necessary to move the water to farms along the system with infrequent need of a boost from pumps. Tom Bennett explains how the AWEP project helps people help the land: "The profitability of farming in McKenzie Canyon was jeopardized because of the high cost of electricity. With the completion of this project, farming is more stable and the power that was consumed for decades by pumps will now be used by society in other ways' Marc Thalacker, manager of TSID, estimates 3 million kWh of energy was used by pumps each year before the pipeline project was completed. According to Marc, "Current limitations for fish in Whychus Creek include low stream flows, high temperatures and passage barriers. Improved flow will provide fish access to more suitable habitat and lower stream temperatures' TSID serves as the project administrator and is the primary NRCS partner for the effort. Marc explains, "The Lower TSID District is one of the last remaining areas of commercial agriculture in Deschutes County." High energy costs and lack of reliable late season water has seriously jeopardized agricultural profitability in the Lower District making farmland susceptible to non-farm development. Whychus Creek is on the 303(d) list for temperature under the Clean USDA is an equal opportunity provider and employer 2 Water Act (CWA). Fishery agencies and the Confederated Tribes of the Warm Springs are counting on improving conditions in Whychus Creek to support spawning and rearing for threatened fish. Efforts to reintroduce anadromous fish started in 2007 as part of the Federal Energy Regulatory Commission (FERC) re-licensing requirements. Anadromous fish swim up rivers from the sea for breeding. The significant project was made possible by a partnership of many natural resource entities. The McKenzie Canyon Irrigation Project was designed and engineered by NRCS in collaboration with Oregon Watershed Enhancement Board, the Bureau of Reclamation and Portland General Electric/ Confederated Tribes of Warm Springs through their Felton Fund. NRCS worked collectively with partners on NEPA and cultural resources. Individual landowner and stakeholder participation was an integral part of all phases of the development of the project. Since the first irrigation water conservation projects began, TSID and NRCS worked with the public and private landowners to implement water-saving measures. According to Marc, "TSID agricultural irrigators are motivated to conserve irrigation water and do what is necessary so that both fish and farms can thrive for future generations." Kathy and Steve Simpson have raised Kristi (19), Kari (18) and Garrett (15) on Cross Anchor S Ranch, moving to their current residence before Garrett was born. Kathy and Steve love the land and farming. "We were raised in a farm life and that is why we bought this ranch;' explains Kathy. Will the next generation of Simpsons keep up the legacy of farming? "It's up to them if they want to continue;' admits Kathy. While the trend is for members of the younger generation to move away from the farm because of the hard work and low profitability their parents experienced, the recent improvements may be enough to convince the younger Simpsons to stay. Steve reasons, "This pipeline project may make them decide they want to stay on the ranch now. The workload is so much better, and from here on out this place will be profitable" { NRCS Helping People Help the Land Pipeline: NRCS Engineer Greg Card checks USDA is an equal opportunity provider and employer 3 We are residents and land owners in the Lower Bridge area of Central Oregon. We request the county to have the applicants prove their compliance with state, county and district zoning. In addition, we request the county planning department to hold a hearing on the above application(s) to assure compliance with all state, county, and district rules. While we are not opposed to the siting of (2) additional dwellings on the applicant's property, we do want the EFU requirements to be upheld and the dwellings must be needed and used for farm labor only. These (2) additional structures should not be operated as rentals. If these (2) additional dwellings are not needed and used for farm labor, the county should uphold EFU standards and have the dwellings removed from the property.. The applicants need to prove: (1) that the 1932 stick built home meets code for water, septic, electrical, driveway and road access, is occupied by a farm laborer, and the occupant is actively involved in the farming activities making their residence necessary. (2) that the Fuqua manufactured home meets code for water, septic, electrical, driveway and road access, is occupied as a primary residence and meets all zoning requirements (3) that the "second farm assistance dwelling on the property" meets code for water, septic, electrical, driveway and road access, is occupied by an employee necessary for the farming activities on site, and that the employee derives 50% of their income from employment by the applicant as proven by employment records, wage records, and workers compensation insurance premiums being paid. Thank you for your time in this matter. Signature page attached. 14U- 5-1 C' S OX-) 79/ :56-e--0,K16 P*1*6 /Q45 i5AJD ~m r~c2I3i2/~O Wl¢~ L _e uJCr2 J P Lower Bridge, Oregon Dec. 10, 2012 ECEIVEID By.. At, kS 4,j Cynthia Smidt, Associate Planner Planning Division Community Development Department Deschutes County PO Box 6005 Bend, Oregon 97008-6005 DEC 1 1 2012 DELIVERED BY: RE: MA- 12-1 (AD-11-11) Relative farm help dwelling and Modification of of application to include permiting a second farm assistance dwelling Dear Ms. Smidt; KEIVE® ey. DEC 1 2 2012 Signature Page ®EL1VERED eV: r 1 Si re Signature Name printed Name printed a . signature Name printed 0 0 tt 13 L5 l''J M u ~L Name pri ted (D K irieA.l Ti!S1.r~Qm.1G1~ t Name P Sig Name P $t mzoc+ ~n Name printed 0 f erg Name printed Signature ' Name printed Name printed i Jerry Aplin 15004 SW Lower Bridge Way Terrebonne, Or 97760 2. Debbie Aplin 15004 SW Lower Bridge Way Terrebonne, Or 97760 3. Glenn Cooper 15000 SW Lower Bridge Way Terrebonne, Oregon 97760 4. Katie Mueller 15000 SW Lower Bridge Way. Terrebonne, Oregon 97760 5. R.L. Bloomfeldt 71105 Holmes Road Sisters, Oregon 97759 & Shirley Bloomfeldt 71105 Holmes Road Sisters, Oregon 97759 7. Mike Searle 70535 Lower Bridge Way Terrebonne, Oregon 97760 8. Richard Stone 15255 SW Lower Bridge Way Terrebonne, Oregon 97760 9. Ted better 70535 Lower Bridge Way Terrebonne, Oregon 97760 10. Nancy Tufarres 15004 SW Lower Bridge Way Terrebonne, Oregon 97760 11. Thayne Dutson 71285 Holmes Road Sisters, Oregon 97759 12. Margaret Dutson 71285 Holmes Road Sisters, Oregon 97759 13. Russell Luloff Lower Bridge Way Terrebonne, Oregon 97760 14. Gregg Cox 71130 NW Lower Bridge Way Terrebonne, Oregon 97760 15, Jerry Arney 70205, 70030,70050, and 70020, Hunt Road Terrebonne, Oregon 97760 siguMm page 12.10.12 Geographical locations of signers of letter to Cynthia Smidt dated 12.10.12 DOcuMont Rep,®d,ces Poorly iO (Archived) la Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or~ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, FEBRUARY 25, 2013 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend PLEDGE OF ALLEGIANCE 2. 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. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when 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 official record of that hearing. 3. CONSIDERATION of Chair Signature of Document No. 2013-071, a Consent to Transfer Water Rights - Teresa Rozic, Property & Facilities Suggested Action: Move Chair signature of Document No 2013-071. 4. CONSIDERATION of Board Signature of Document No. 2013-056, a Memorandum of Agreement between Deschutes County and the Bureau of Land Management regarding the La Pine Land Conveyance Act - Teresa Rozic, Property & Facilities Suggestion Action: Move Board signature of Document No. 2013-056. 5. A PUBLIC HEARING on a Board-initiated Review of the Planning Division's Approval of a Land Use Permit to Establish Two Farm-help Dwellings in the EFU Zone (Applicant: Simpson) - Cynthia Smidt, Community Development Suggested Action: Open hearing, take testimony. Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 1 of 6 CONSENT AGENDA 6. Signature of Document No. 2013-053, Amending a Lease for County Server Space to the State 7. Signature of Document No. 2013-054, a Deed of Dedication to the City of Redmond for a Small Parcel in the Public Right of Way 8. Signature of Document No. 2013-055, a Power Line Easement to Central Electric Cooperative 9. Signature of Resolution No. 2013-007, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Transfers Out and Capital Outlay in the Finance Department 10. Signature of Resolution No. 2013-008, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel and Materials & Service in the Sheriffs Office Fund 11. Signature of Resolution No. 2013-009, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel in the HealthyStart Prenatal Fund 12. Signature of Resolution No. 2013-010, Transferring Appropriations in the FY 2012-2013 Budget from Contingency to Personnel in the Public Health Fund 13. Signature of Resolution No. 2013-011, Transferring Appropriations for a New Grant in the Behavioral Health Department 14. Signature of Resolution No. 2013-012, Transferring Appropriation from Contingency to Personnel in the Public Health Department 15. Signature of Resolution No. 2013-013, Appropriating a New Grant in the Public Health Department 16. Signature of Resolution No. 2013-014, Transferring Appropriations from Contingency to Materials & Service and Capital Outlay 17. Signature of Resolution No. 2013-015, Transferring Appropriations from Contingency to Transfers Out in the Liquor Enforcement Fund 18. Signature of Resolution No. 2013-016, Transferring Appropriations from Contingency to Personnel in the Behavioral Health Fund Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 2 of 6 19. Signature of Resolution No. 2013-017, Transferring Appropriations from Materials & Service to Personnel in the Behavioral Health Fund 20. Signature of Resolution No. 2013-018, Appropriating a New Grant in the Commission on Family & Children's Fund 21. Signature of a Letter Appointing Retired Judge Michael C. Sullivan as Citizen Member of the Local Public Safety Coordinating Council (PSCC) through December 31, 2014 22. Approval of Minutes: Work Session of February 13, 2013 Business Meeting of February 13, 2013 Board Retreat of January 28, 2013 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 23. CONSIDERATION of Signature of Order No. 2013-010, Submitting to the Voters a Five-year 9-1-1 Local Option Tax Levy to Fund 9-1-1 Emergency Services - Laurie Craghead, County Counsel Suggestion Actions: Move Board signature of Order.No. 2013-010, and Chair Signature of the Notice of District Measure Election and the Explanatory Statement for the Voters' Pamphlet 24. 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 25. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 26. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 3 of 6 27. 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; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Monday, Febru 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Tuesday, February 26 6:00 p.m. Public Hearing on Ordinance No. 2013-007, Adopting the Newberry Country Plan - La Pine Senior Center Monday, March 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesda March 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, March 12 6:00 p.m. Public Hearing on Ordinance No. 2013-007, Adopting the Newberry Country Plan - SHARC, Sunriver Wednesda March 13 Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 4 of 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monda March 18 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesda March 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesda April 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 15 10:00 a.m. Board of Commissioners' Business Meeting Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 5 of 6 1:30 p.m. 3:30 p.m. Administrative Work Session - could include executive session(s) Public Safety Coordinating Council Meeting Monday, Apri122 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, May 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 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; ORS 192.660(2) (b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, February 25, 2013 Page 6of6