2014-260-Minutes for Meeting April 28,2014 Recorded 5/13/2014COUNTY
NANCY DESCHUTES CLERKDS CJ 7014'760
COMMISSIONERS' JOURNAL 05/13/2014 02:35:32 PM
2014 -250
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Deschutes County Clerk
Certificate Page
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.ora
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 28, 2014
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioner's Tammy Baney, Anthony DeBone and Alan Unger.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administration; David Doyle and Laurie Craghead, County Counsel; Nick
Lelack and Paul Blikstad, Community Development; and approximately a dozen
other citizens.
Chair Baney opened the meeting at 10:00 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None was offered.
3. Before the Board was Consideration of the Reading of a Proclamation,
Declaring May 3, 2014 Wildfire Community Preparedness Day.
Alison Green gave an overview of wildfire issues and Project Wildfire. She
added that Ponderosa Pines subdivision in La Pine received a $500 award to aid
in their community preparedness day activities.
Overall, representatives of Project Wildfire and others are working towards
ongoing awareness in the area.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 1 of 13
Commissioner Unger said that they are on a great path and this work has
already brought good results. Commissioner DeBone stated that each property
owner needs to keep their property in good condition. It takes effort each year
but is well worth it. Chair Baney added that it is a great opportunity to educate
everyone to do this and Project Wildfire helps in this regard.
Commissioner DeBone read the Proclamation to the audience.
UNGER: Move approval of the Proclamation.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of Chair Signature of Document No.
2014 -135, Amending an Intergovernmental Agreement with Oregon Health
Authority regarding Public Health and Behavioral Health Services.
Lori Hill gave an overview of the components of the agreement. These are part
of a request for proposal, and would allow them to help the community to a
greater extent.
Jessica Jacks provided information on the Mental Health component of the
agreement. This agreement helps to provide coordinated and comprehensive
care.
Commissioner DeBone acknowledged this is an ongoing process. Chair Baney
noted that she is happy to see the housing component since it is very hard for
individuals to find rental housing at this time.
UNGER: Move Chair signature of Document No. 2014 -135.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 2 of 13
5. Before the Board was Consideration of First and Second Readings by Title
Only, and Adoption by Emergency, of Ordinance No. 2014 -010, Amending
Title 18 of Code, Incorporating Changes to the Oregon Revised Statutes
and Oregon Administrative Rule regarding the Exclusive Farm Use Zone.
Paul Blikstad said that the Board reviewed this previously, and the definition of
church has been deleted for further discussion; and the forest zone amendments
will be addressed at a later date.
Commissioner DeBone said that this is generally land use neutral and is part of
Oregon law. The emergency clause allows the County to be consistent with the
State.
LINGER: Move first and second readings of Ordinance No. 2014 -010, by
title only.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the first and second readings, by title only.
DEBONE: Move adoption of Ordinance No. 2014 -010.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
6. Before the Board was Consideration of Board Deliberations regarding a
Decision on the Newland Land Use Appeal (Changing the Designation of
Land from Agriculture /EFU to Rural Residential/MUA).
Mr. Blikstad stated that he displayed an aerial photo for reference, and gave an
overview of the history of the matter. A decision is needed so the final
document can be drafted. Chair Baney stated that they can follow the matrix.
The first question was whether the definition of agricultural land has been met.
If so, applications cannot be approved since there is no proposal for an
exception for Goal 3. A Goal exception would be needed, and they would have
to demonstrate it is not agricultural land. For soils, classification is critical.
The analysis needs to be either individual on a lot basis or on a tract basis.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 3 of 13
The Hearings Officer determined it should be done on a parcel basis, but also
said that the County could choose between the two. The applicant says six of
the eight parcels are class 7, and two were class 3 through 6. Those two would
be considered agricultural land. If the tract analysis is used, the property would
be predominately class 7, about 67 %.
Commissioner DeBone would like to work back from the next section. Laurie
Craghead said this aspect has to be answered first. If the soil is,determined to
be class 6 or greater, the analysis does not apply.
Commissioner Unger stated that he wants to analyze the whole document.
Commissioner DeBone wants to consider the big picture. Each attribute of the
seven points has an answer. Soil fertility in most of Central Oregon means
having to amend and irrigate. Soil fertility is low quality in general, and a lot of
input is necessary.
Ms. Craghead stated that two lots are class 6 or better. It is crucial to answer
the overall question of considering the tract as a whole or as individual
properties. Commissioner DeBone stated he is speaking of this as a tract.
Commissioner Unger said he also looks at it as a tract. This is how applications
come to them. The first test of soil fertility shows it is not very fertile. It is
marginally suitable for grazing depending on the factors. The growing season
is short and that makes it more difficult. Regarding land use patterns, this is
historical of how the County developed. There were farmable opportunities
with irrigation. You have to amend the soil anywhere here to grow a good crop.
It is typical of how farmland is managed here, and people live on it for the
lifestyle primarily. He feels it is therefore farmland, as a tract.
Chair Baney said that 67% of the soils are not agricultural. Ms. Craghead
stated that if it is class 6 or better, it is agricultural. They have to consider the
seven factors if the lots are considered separately. If they look at this as a tract,
they don't have to consider the seven factors.
Commissioner DeBone stated this is a hard choice up front. He sees it as a
tract. Chair Baney feels that the application and ownership shows it as a tract.
Ms. Craghead said they then don't have to consider the second question.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 4 of 13
For item #3, the question is whether it meets Goal 3. Mr. Blikstad said that
profitability shows it is not suitable for farming. He referred to the matrix.
Ms. Craghead stated that profitability is an additional factor outside of OAR,
primarily due to case law. They need to take the factors as a whole to
determine if it is agricultural land.
Mr. Blikstad said there were two studies on acceptable uses. The net losses in
the study ranged from $6,000 to $50,000 annually.
Regarding soil fertility, the cost to fertilize is either deemed reasonable or too
much of an expense. The applicant indicated it would take significant effort to
improve the property. The fertilizing process is relatively low cost and aerial
photos do not indicate it is not useable at some level.
Commissioner Unger feels most of the land is not fertile, but still might be
farmed. The costs to farm do not make it profitable. In the past people could
get by, but it is hard to do today. You have to consider the conditions, which
can be inconsistent.
Commissioner DeBone said fertilizing is a variable and it is hard to know the
input costs each year. There are examples given of the lack of profitability.
Chair Baney said she would not purchase land and anticipate it is free to farm it.
Looking at the feasibility and history of this land, they are not starting from
scratch. If she purchased farm land in that zone, she has a responsibility to
know what it takes. There is a cost associated with farming even though this
land needs to be enhanced. Fertilizing the land is not a big expense. It has to
do with the management of the land.
Commissioner DeBone stated that there is nothing much that can grow there
unless it is added by man. There is volatility in managing the land, and it would
be hard to farm for profit. There is land in other areas where it makes more
sense.
Ms. Craghead stated that even though there are water rights and soil
amendments, does he feel it would be an unreasonable cost. Commissioner
DeBone thinks that is the case in this location. You can make it green, but the
economics are variable and cannot be guaranteed to be profitable.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 5of13
Commissioner Unger said that 83% of agricultural land in Deschutes County is
not profitable to farm. He does not know if this should be a requirement. This
is not the primary factor for him. Because there are water rights, you need to
farm the land to keep them. Many people farm to keep the rural lifestyle,
whether or not it is profitable.
Chair Baney stated that she would have a hard time deciding to buy a parcel
that is not profitable if that was her focus. They would have to use different
types of opportunities to do so, if available. Part of it is purchasing in a rural
area and a certain lifestyle.
Chair Baney feels it is reasonable as a whole to consider this expense.
Commissioner DeBone says there are some good ideas for smaller farms of 10
acres. Looking at it as a large parcel is not profitable. Horse boarding requires
someone paying for it, and that market is variable. Irrigation and enhancements
will be needed for basic grazing in this situation. Chair Baney stated they
would need to build a barn and have irrigation equipment, as necessary for
owning the property.
Chair Baney said in her opinion it meets the soil fertility factor. Commissioners
DeBone and Unger feel it doesn't. Dave Doyle said they are looking at the
totality, and it may not be necessary to go into detail on each one. Findings can
reflect the deliberations.
Regarding suitability for grazing, Commissioner Unger said you can graze, but
it depends on how long and the conditions. It can be grazed to a point.
Commissioner DeBone stated that you can do at best one or two cows for a few
months. Chair Baney said that it has to be managed properly. They will have
up -front costs of fencing and cross - fencing for an ongoing operation.
Commissioner DeBone noted that this is not the valley. The season is short
here and you need to have man -made grazing. It is not a natural condition of
the area. Chair Baney said that it is not natural and if left on its own, it would
not do much. But there are other things that can be done if it is properly
enhanced.
In regard to climatic conditions, Commissioner Unger noted that there is a short
growing season of 91 days or less. This limits what you can grow.
Commissioner DeBone stated that by amending the soil and tending to crops
daily, you can get around this, but it takes a lot more work and is less profitable.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 6of13
The idea of EFU land was to protect productive farmland. This area is not
naturally productive. Chair Baney asked what is naturally productive. A lot of
things would be like this on their own. But she feels this property could be
enhanced to make it more productive.
Commissioner Unger said it is difficult to be a good farmer, but it is a choice.
Commissioner DeBone noted that he talked with Bob Eberhardt regarding their
dairy products. They get their milk from Tillamook County. Mr. Eberhardt
mentioned that people have been trying to do that here for 100 years, but it is
not reasonable to do it. Feed is expensive and you can't grow enough to
support the cows.
Chair Baney said this might not be the right choice for a property. Ms.
Craghead asked if the Board feels the short growing season would deter a
reasonable farmer. Commissioner Unger stated that history shows that people
do farm here. Chair Baney noted that sometimes the extreme cold is a factor,
but this is part of the business. You have to manage and compensate
appropriately. Other parts of the country have even more extremes to deal with.
The next issue was the existing and future availability of water. Commissioner
Unger said this defines agricultural land here. It allows you to be able to grow
something. Most of the land was on farm deferral in the past, if on irrigation.
This signifies a farming operation here. Chair Baney added that farm deferral is
a way to benefit the farmer. You can't do anything without water. This
encourages working the property. The applicant had references the DSL land
but it never had water rights and would probably never get it. Commissioner
DeBone agreed that you need to have water.
The next consideration was existing land use patterns. Commissioner Unger
stated that this is historic land, set up for farming long ago. Chair Baney said
there is a fair amount of farmland in the local area. The right to farm laws
allow for conflicting uses. Commissioner DeBone said he does not see those as
being debatable.
Regarding technological efforts relating to irrigation, Commissioner Unger
feels they are required. Chair Baney noted that there can be a large cost
associated with this. However, if she purchased land under its intended and
current zone, this would be expected. Having the right system is a necessary
expense.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 7of13
Commissioner DeBone said you need technology to apply water, fertilizer,
feed, etc. However, the profit concept is not there. The soil cannot be made to
be profitable. An individual might want to try it as a lifestyle, but a commercial
farmer looking for a profit could not do it.
Under accepted farming practices, Commissioner Unger said this is historical in
nature.
Considering adjacent or nearby lands, Ms. Craghead said that the previous
questions were factors for item #3. It sounds that when taken as a whole, the
majority of the Board is saying that it is still agricultural land. Commissioner
Unger believes this is so. If there are water rights, you can farm it. Chair
Baney noted that the unfortunate piece is profitability, which can be in large
part determined by the management of the land.
Commissioner DeBone said that he understands the lifestyle, but does not
believe this is good land to farm for a profit. Its 100 -year history shows it
hasn't worked for a variety of uses. It would be just for a lifestyle. Otherwise it
would cost a large fortune up front to create a small fortune over time. He
asked if they have to decide this is agricultural land as well as being farmed
profitably. Ms. Craghead said that there are other factors to consider.
Commissioner Unger stated that he does not believe it is profitable, but also
doesn't think this is the determining factor. Chair Baney added that a large
corporation can't make a profit on it, but living on the land and managing it
properly, someone could. Commissioner DeBone said this means the family
lives on the property to farm it.
Ms. Craghead explained that farm use has to show an intent to make a profit.
Commissioner DeBone said that families have lived there for decades and have
done many things, but it was not profitable for them in the long run. Chair
Baney explained that others have farmed smaller pieces of land and made it
profitable. She can't say for an individual as to whether their management
would make it profitable. She feels there are new markets and technologies,
and it can be done right. By doing nothing to it, they can't farm it. It would
cost $200,000 or more to put irrigation on it, so that skews the record since it
has to have water. She is struggling with the assumptions in the record. Mr.
Hamby was not able to do this. Commissioner DeBone said people have tried.
You can't say that they did not try hard enough and that the next guy would.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 8 of 13
Some tried very hard over the past 100 years and just couldn't make it. This
has not been profitable land.
Commissioner Unger noted that the State definitions of agricultural and EFU
land were not made with these conditions in mind. It is frustrating to take their
rules and apply them here. It does not work that well here. Commissioner
DeBone said that is why he came to this conclusion.
Chair Baney stated that this needs to be looked at statewide. It is on a work
plan to look at this but some don't want to open that door. It is not black and
white and there needs to be a middle ground.
In regard to adjacent lands, Commissioner Unger said he feels it is consistent,
and Commissioner DeBone agreed.
Regarding topic #6, Chair Baney said this goes to #1, classification. Mr.
Blikstad said that the majority of the soils are class 7, with little of the other.
There are fingers of class 6 or better in some of it. The Hearings Officer was
correct that this was not viewed as a farm unit with intermingled soils.
Commissioner Unger stated that this is generally the challenge with land here.
There are lava flows and ridges, with some soil fill. This creates areas with
more depth along with those that have no soil. It won't be homogenous.
Commissioner DeBone said he is not clear on what is wanted here. Chair
Baney stated that the applicant suggested it was managed together as an
independent unit and should be kept that way. The Hearings Officer said it was
not managed together that way since the 1960's. Commissioner Unger noted
that the predominately class 7 soils have been mingled together, which is
typical.
Ms. Craghead said that there are all different soils classifications, and if you
have class 7 or 8 intermingled with the better class soils, it can make it
agricultural. The Hearings Officer found that they are not that intermingled and
you could not hang your hat on this being agricultural land overall.
Chair Baney stated that this came in as a tract and they are not looking at it as
individual parcels. Ms. Craghead noted that she thinks she understands where
they are going with this.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 9of13
Item #7 has to do with conformance to the comprehensive plan. The Hearings
Officer found it to be in conformance. The Board agreed.
Ms. Craghead said they will come back with a draft document. It appears the
majority of the Board denies the rezone and plan amendment. She asked for
confirmation.
Commissioner Unger stated that it is agricultural land; poor, but the
determining factor has to do with water rights and farm deferral status. The
process is moving forward for this land to be in the UGB of Bend eventually.
Factors show the use for EFU and resource or non - resource land will come into
play, but it should be on the basis of whether the city can serve the land.
Chair Baney said that if it was considered not as a tract but as individual
parcels, this could be different. The owner has the ability to average out the soil
and look at different farming methods. This is the hardest bar set in the state for
land use. The tools to consider this are vague and you have to walk the line
between view corridors, open space and opportunities to provide food and crops
to local communities.
Statewide land use planning is at a crossroads. There is a need to look at
alternative zones and other options to try to protect the land, but allow for
profitability. No one will live well on farm land here, but it could be profitable
if it was managed right.
Commissioner DeBone emphasized that he feels the conditions prevent this
from being commercial land. He agrees with zoning, tax deferral and water, but
this is not a commercial opportunity to farm for a profit. They can't support it
without a lot of input and the value of what you can produce. This is not a
profitable opportunity and probably never has been. No one can guarantee a
good year every year, but this is marginal at all times. He leans the other way.
UNGER: Move the application be denied.
BANEY: Second.
VOTE: UNGER: Yes.
DEBONE: No. (Split vote)
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 10 of 13
Before the Board was Consideration of Approval of the Consent Agenda.
UNGER: Move approval of the Consent Agenda, except the minutes which
have not yet been reviewed.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: No.
BANEY: Chair votes yes.
Consent Agenda Items
7. Board Signature of Order No. 2014 -013, Setting a Temporary Speed Limit of
25 MPH on Skyliners Road within the Construction Zone for the Skyliners
Water Line Installation Project
8. Board Signature of Resolution No. 2014 -047, Transferring Appropriations to
the Sheriff's Office Fund
9. Board Signature of Resolution No. 2014 -048, Transferring Appropriations from
the General Fund Contingency to the Grant Projects Fund
10. Board Signature of a Letter Appointing Dennis Pahlisch to the Central Oregon
Regional Housing Authority (aka Housing Works) Board, through June 30,
2015
11. Approval of Minutes:
• Business Meeting: April 23, 2014
• Work Sessions: April 21 and 23, 2014
• Annual Board Planning Retreat, January 10, 2014
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
12. Before the Board was Consideration of Board Signature of Document No.
2014 -185, an Intergovernmental Agreement between the Sheriffs Office
and the Sunriver Police Department regarding Use of the Sheriffs Office
Communications System.
Mr. Anderson stated that this is an annual renewal of the maintenance
agreement. The Sheriff's Office owns the system and leases radios to the
Districts.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 11 of 13
UNGER: Move signature of Document No. 2014 -185.
DEBONE: Second.
VOTE: LINGER:
DEBONE
BANEY:
Yes.
No.
Chair votes yes.
13. Before the Board was Consideration of Board Signature of Letters
Accepting Bob Nelson' Resignation, and Thanking him for his Service; and
Appointing Mark Murray to the Sunriver Service District Board through
August 31, 2015.
DEBONE: Move signature of letters.
UNGER: Second.
VOTE: DEBONE: Yes.
LINGER: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH SERVICE DISTRICT
14. Before the Board was Consideration of Board Signature of Document No.
2014 -184, an Intergovernmental Agreement between the Sheriff s Office
and the Black Butte Service District Police Department regarding Use of
the Sheriffs Office Communications System.
DEBONE: Move signature of Document No. 2014 -184.
UNGER: Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9 -1 -1 County Service District.
The vouchers were not available for approval at this time.
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 12 of 13
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -11
COUNTY SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4 -H County Service District.
The vouchers were not available for approval at this time.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County.
The vouchers were not available for approval at this time.
18. ADDITIONS TO THE AGENDA
Being no other items brought before the Board, the meeting adjourned at
11:25 a.m.
DATED this Day of 2014 for the
Deschutes County Board of Commissioners.
Tammy aney, Ch r
Anthony DeBone, Vice Chair
ATTEST:
Recording Secretary
oa,vt
Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, April 28, 2014
Page 13 of 13
ES
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.orR
AGENDA REOUEST & STAFF REPORT
For Board Business Meeting of April 28, 2014
Please see directions for completing this document on the next page.
DATE: April 17, 2014
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Board deliberations on applications for a Plan Amendment to amend the comprehensive plan
designation from Agriculture to Rural Residential Exception Area, and a Zone Change from Exclusive
Farm Use (EFU -TRB) to Multiple Use Agricultural (MUA -10).
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The Board held an initial public hearing on February 5, 2014, and took oral and written testimony at
that hearing. The Board continued the public hearing to March 12, 2014 for any additional testimony,
and held an additional hearing.
The applicant, NNPIV - NCR, LLC (referred to as "Newland ") submitted the plan amendment and zone
change applications for property adjacent to Butler Market Road near Bend, which encompasses
approximately 171 acres. These applications went before the County Hearings Officer who has
recommended denial of the applicant's request.
Because the applications involve land designated Agriculture under Statewide Planning Goal 3, the
Board is the decision making body on the applications. A de novo public hearing before the Board is
required under Deschutes County Code 22.28.030(C) for these applications.
FISCAL IMPLICATIONS:
The Board's hearing costs are factored into the application fees.
RECOMMENDATION & ACTION REOUESTED:
The Board is required to issue a written decision on the Newland applications. A written decision will
be drafted for the Board's review after deliberations, and mailed out to all parties.
ATTENDANCE: Paul Blikstad, Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Planning Division staff will distribute the Board's written decision on these applications.
MEMORANDUM
To: Deschutes County Board of Commissioners
From: Paul Blikstad, Senior Planner
Date: April 18, 2014
Re: PA-1 3-1 /ZC-1 3-1, Plan Amendment and Zone Change from Exclusive Farm Use
(EFU -TRB) to Multiple Use Agricultural (MUA -10) for approximately 171 acres
adjacent to Butler Market Road in Bend.
BACKGROUND:
The applicant, referred to as Newland, applied for a Plan Amendment to amend the
comprehensive plan designation from agriculture to rural residential exception area, and a Zone
Change from Exclusive Farm Use (EFU -TRB) to Multiple Use Agricultural (MUA -10) for
approximately 171 acres. The 171 acres consists of 9 tax lots, and 8 legal lots of record
(parcels).
The Board has held a public hearing on the subject applications, and the written record was left
open for additional comments. The Board has scheduled the deliberations on these
applications for Monday, April 28th. Laurie Craghead and I have prepared the attached matrix to
assist you in making your decision. We are attempting to get it before you so that you have
adequate time to review the matrix and any part of the record you need to review.
I believe you already have copies of the Hearings Officer's decision, the DLCD /DOA transmittal
letter, and the applicant's agronomic study. There is an extensive file on these applications,
most of which includes the applicant's submittals (from Liz Fancher and Steve Hultberg). Feel
free to contact me at your convenience.
Quality Services Performed zvith Pride
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or2
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, APRIL 28, 2014
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 the Reading of a Proclamation, Declaring May 3,
2014 Wildfire Community Preparedness Day —Alison Green, Project Wildfire
Program Director
4. CONSIDERATION of Chair Signature of Document No. 2014 -135,
Amending an Intergovernmental Agreement with Oregon Health Authority
regarding Public Health and Behavioral Health Services — Lori Hill & Jessica
Jacks, Health Services
Suggested Action: Move Board signature of Document No. 2014 -135.
5. CONSIDERATION of First and Second Readings by Title Only, and
Adoption by Emergency, of Ordinance No. 2014 -010, Amending Title 18 of
Code, Incorporating Changes to the Oregon Revised Statutes and Oregon
Administrative Rule regarding the Exclusive Farm Use Zone — Paul Blikstad,
Community Development
Suggested Actions: Move first and second readings by title only, and adoption
by emergency of Ordinance No. 2014 -010.
Board of Commissioners' Business Meeting Agenda Monday, April 28, 2014
Page 1 of 6
6. CONSIDERATION of Board Deliberations regarding a Decision on the
Newland Land Use Appeal (Changing the Designation of Land from
Agriculture/EFU to Rural Residential/MUA)— Kevin Harrison, Community
Development; Laurie Craghead, County Counsel
Suggested Action: Deliberate and Provide Instruction to Staff.
CONSENT AGENDA
7. Board Signature of Order No. 2014 -013, Setting a Temporary Speed Limit of
25 MPH on Skyliners Road within the Construction Zone for the Skyliners
Water Line Installation Project
8. Board Signature of Resolution No. 2014 -047, Transferring Appropriations to
the Sheriff's Office Fund
9. Board Signature of Resolution No. 2014 -048, Transferring Appropriations
from the General Fund Contingency to the Grant Projects Fund
10. Board Signature of a Letter Appointing Dennis Pahlisch to the Central Oregon
Regional Housing Authority (aka Housing Works) Board, through June 30,
2015
11. Approval of Minutes:
• Business Meeting: April 23, 2014
• Work Sessions: April 21 and 23, 2014
Annual Board Planning Retreat, January 10, 2014
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT
12. CONSIDERATION of Board Signature of Document No. 2014 -185, an
Intergovernmental Agreement between the Sheriff's Office and the Sunriver
Police Department regarding Use of the Sheriff's Office Communications
System
13. CONSIDERATION of Board Signature of Letters Accepting Bob Nelson'
Resignation, and Thanking him for his Service; and Appointing Mark Murray
to the Sunriver Service District Board through August 31, 2015
Board of Commissioners' Business Meeting Agenda Monday, April 28, 2014
Page 2 of 6
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
14. CONSIDERATION of Board Signature of Document No. 2014 -184, an
Intergovernmental Agreement between the Sheriff's Office and the Black Butte
Ranch Police Department regarding Use of the Sheriff's Office
Communications System
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9 -1 -1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -11
COUNTY SERVICE DISTRICT
16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4 -H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
18. ADDITIONS TO THE AGENDA
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event /location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388 -6572, or send an e-mail to bonnie.bakeradeschutes.ora.
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, April 28, 2014
Page 3 of 6
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, April 28
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, May 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, May 14
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 19
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 26
Most County offices will be closed to observe Memorial Day
Tuesday, May 27 throu.h Friday, May 30
Budget Committee Meetings and Department Presentations
Board of Commissioners' Business Meeting Agenda Monday, April 28, 2014
Page 4of6
Monday, June 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, June 3
3:30 p.m. Local Public Safety Coordinating Council Meeting
5:00 p.m. Bend Chamber of Commerce Event
Wednesday, June 4
10:00 a.m. Board of Commissioners' Business Meeting
2:00 p.m. Joint Work Session with the La Pine City Council, La Pine City Hall
Monday, June 9 — Tuesday, June 10
Association of Oregon Counties' Spring Conference — Hood River
Wednesday, June 11
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 12
7:00 a.m. State of the Community — City /County — Chamber of Commerce — Riverhouse
Monday, June 16
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, June 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, April 28, 2014
Page 5 of 6
Tuesday, June 24
11:00 a.m. Annual Luncheon Meeting of Board of Commissioners with the Black Butte Ranch
County Service District Board — Black Butte Ranch
1:00 P.M. Employee Benefits Advisory Committee Meeting
Wednesday, June 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 26
5:30 p.m. Joint Meeting of the Board of Commissioners and Planning Commission
Thursday, April 26
8:30 a.m. Performance Management & Department Update — Natural Resources — Road
Department
Monday, June 30
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 3
8:00 a.m. Joint Meeting of Board of Commissioners with Sisters City Council, Sisters City
Hall
Monday, July 4
Most County offices will be closed to observe Independence Day
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event /location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call (541) 388 -6572, or send an e -mail to bonnie.baker(a,deschutes.orR.
Board of Commissioners' Business Meeting Agenda Monday, April 28, 2014
Page 6 of 6