2015-487-Minutes for Meeting November 04,2015 Recorded 11/18/2015 COUNTY OFFICIAL
NANCY UBLANKENSHIP, COUNTY CLERK CJ
COMMISSIONERS' JOURNAL 11/18/2019 09'29'45 AM
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1300 NW Wall St., Bend, OR 97701-1960
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(541) 388-6570 - Fax (541) 385-3202 -www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, NOVEMBER 4, 2015
Commissioners' Hearing Room -Administration Building- 1300 NW Wall St., Bend
Present were Commissioners Anthony DeBone, Alan Unger, and Tammy Baney.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administration; David Doyle, County Counsel; Nick Lelack and Peter
Gutowsky, Community Development; and six other citizens. Chair DeBone opened
the meeting at 10:00 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Citizen Mike Gould testified that the Planning Commission approved a
quonset-type hut and fish farm in his area. He provided a list of people who do
not like it being there, along with photos taken at night (these were given to
Community Development staff). He stated there are several issues regarding
water and the view. It is a scenic byway but looks like a mess.
He said that the owner has not been made to conform to any rules having to do
with the property, and has not produced anything viable from the greenhouse or
the fish farm. It is felt he will not be able to recover the expense unless he
grows marijuana. He is growing ginger at this time. The neighbors are
frustrated over this situation.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 1 of 7
Commissioner Baney gave the information to Nick Lelack, asking him to get
back to the Board with an overview of what is occurring there.
Citizen Carolyn Carry-McDonald said she works with youth at Marshall High
School, and deals with a lot of homeless youth. Housing Works has a waiting
list in the thousands. The Homeless Leadership Coalition is going to conduct a
forum, and would like the Board's input. She asked about rural residential and.
minimum acreage issues and how to overcome those. A lot of the youth rely on
public transit and asked if the Board is working on any ways to support this.
Commissioner Unger said Cascades East Transit is part of COIC and is working
on ways to find permanent funding. There would need to be a change in state
law to be able to collect taxes for this. One big problem is that it is tri-county.
COIC is keeping people informed and is trying to make progress. They are
taking an incremental approach.
Commissioner Baney added that they did bring together over $1 million to
expand services in Bend, with the help of some major employers and partners
such as St. Charles, the City of Bend, COCC, OSU, bendbroadband and others.
They hope to see linkage between cities.
Increasing housing would help, but without good transit it doesn't make sense.
They are trying to enhance the various cities' ability to get funding. Prineville
has gotten some funding already. Both housing and transportation have a lot to
do with the cities' own zoning and ordinances.
Ms. McDonald asked how Eugene was able to do this, as they offer free transit
to students. Commissioner Unger rep lied that this is probably through utility
taxes in Corvallis. They have a transit district in the county. It is much harder
to do when there are three counties involved. A 190 organization is required to
collect taxes.
Ms. McDonald asked if the County owns any land that could be used for
affordable housing. Commissioner Baney stated that state land use is difficult
when you are outside the city limits, and most of the properties are not near
services. Chair DeBone added that Housing Works and Habitat for Humanity
have received some appropriate properties in the past. However, the County
does not have a lot of holdings close-in. The County is working on overall
economic development strategies to help deal with the employment portion.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 2 of 7
Citizen William Kuhn stated that he has a review of his efforts to deal with
County Legal Counsel (he provided a handout, which is attached for reference).
This is in response to Commissioner Baney's comments regarding how the
public deals with the process.
He was in Salem yesterday regarding a property tax issue. It was a court
situation with no decision yet. He is not a good lawyer and the Assessor
probably won. He thanked Paul Blikstad and Nick Lelack for their participation
as witnesses. It was helpful, and he appreciated Mr. Blikstad's comments to
Mrs. Kuhn. He would like to have called Torn Anderson as a witness but could
not overcome attorney John Laherty's objections.
3. CDD STAFF REPORT
• Update on Land Use Issues / November and Early December Schedule.
Peter Gutowsky said this overview is to prepare the Board for a robust six
weeks of land use issues. His goal is to identify the land use matters that have
already had a Board hearing and are being deliberated, or a hearing is imminent.
Issues include the master plan, a zone change in the Tumalo community, and.
several other big items.
He knows that the week of November 16 the Board is at the AOC conference,
so he wants to have information on all the Nov. 23 issues to the Board early.
The other issue is preparing the Board for November 23 and 30 hearings and
deliberations, and to provide input to the applicants regarding how much time
should be allowed for opening statements.
Commissioner Baney pointed out that she has to be at another meeting by noon
on November 23, so would like to start the meeting early. Mr. Gutowsky said
that the notice went to the Bulletin but he may be able to adjust it. It was
decided that other, routine items could be addressed at 9:30, with hearings to
begin at 10.
Mr. Gutowsky said that regarding Goal 11, it will be a chance to check in with.
the Board, as it won't be the last hearing. The land use items are the plan
amendment zone change and deliberation on the non-farm dwelling.
Mr. Lelack noted that in regard to marijuana businesses, the Planning
Commission is holding a hearing tomorrow night and again on November 12.
They will make a recommendation to the Board before November 23.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page3 of7
He expects to have a Board work session on this on November 30. He would
like to then schedule an evening hearing on December 2. The Board agreed that
this date would be appropriate.
Mr. Gutowsky stated that CDD submitted a schedule to the Board regarding
other items, and staff will keep the Board informed as these evolve.
Commissioner Baney said that she is committed to be at a conference
December 7 through 9. Mr. Gutowsky explained that there will be activity on
those dates, on some issues that are not as controversial. A few others will need
the full Board to be present and he has planned accordingly.
• Aceti Plan Amendment, Zone Change and Goal Exception (247-14-
000456-ZC, 247-14-000457-PA - Aceti).
Mr. Gutowsky provided a memo that summarized Hearings Officer Stephanie
Hicks' decision. He provided an overview of the key findings. The Hearings
Officer found that the property does not meet the definition of agricultural
lands, and they have to meet the definition of the transportation planning rule.
There has been a change in circumstances and the property is irrevocably
committed to urban development under a goal exception.
He will repackage the information for a hearing and include any new testimony,
on November 23. The Hearings Officer approved plan amendment zone
change has to be heard by the Board de novo, if it is not resource land. It would
be helpful to advise the applicant on how much time would be allowed for a
presentation. The presentation before the Hearings Officer took over 90
minutes.
Chair DeBone said that this has been a successful review for the applicant, who
will be motivated to bring the big picture to the Board, but 30 minutes should
be enough. Commissioner Unger added that the Board can read a lot of this in
advance. To him, it is pretty black and white at this point.
Mr. Gutowsky noted that the Goal 11 exception and the Clough nonfarm
dwelling issues are also to be addressed on that date.
Before the Board was Consideration of Approval of the Consent Agenda.
Commissioner Baney asked that items I and 2 be removed from the Consent
Agenda.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 4 of 7
BANEY: Move approval of the consent agenda, less the first two items.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
4. Board Signature of Ordinance No. 2015-021, Amending Title 23, the Deschutes
County Comprehensive Plan, to Revise the Mineral and Aggregate Resource
Inventory for Deschutes County, and Re-designating Certain Property from
Agricultural to Surface Mining (SM).
5. Board Signature of Ordinance No. 2015-022, Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone Designation on Certain Property from
Exclusive Farm Use (EFU-HR) to Surface Mining (SM).
6. Board Signature o
of Document No. 2015-621 Criminal Justice Commission,
Family Drug Court Grant
7. County Administrator Signature of Document No. 2015-684, Agreement with
Department of Environmental Quality for Grant to Conduct Pilot Remediation
Project at Demo Landfill
8. County Administrator Signature of Document No. 2015-685, Agreement with
Apex Company for Environmental Engineering Services
9. Board Signature of Document No. 2015-699, Option Agreement between
Deschutes County and Cascade Divide Data Centers to Purchase Two Parcels in
Finley Butte Industrial Park Phase 1, Lots 1 and 2, La Pine
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District, in the Amount of
$2,279.20.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 5 of 7
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-.H
COUNTY SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District, in the
Amount of$3,093.37.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: UNGER: Yes.
BANEY: Yes.
DEBONE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of$1,192,661.41.
Tom Anderson noted that the expense includes advance payments to the road.
improvement districts.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
13. ADDITIONS TO THE AGENDA
None were offered.
Being no other items brought before the Board, the meeting was adjourned at
10:40 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 6 of 7
DATED this g- Day of I V 2015 for the
Deschutes County Board of Commissioners.
Anthony DeBone, Chair
cat.„
Alan Uiger, Vice Chair
ATTEST: �.,...., l _.)4A/
Tammy Baney, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, November 4, 2015
Page 7 of 7
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Submitting written documents as part of testimony? 1 Yes 1 No
From William Kuhn 65575 Sisemore Road in the middle of the Tumalo Winter Deer Range.
My wife Leigh and I have had to deal with seven lawyers employed by Deschutes County.
The first in 1987 was Karen Green,whether that was as Assistant Legal Counsel or as Head of the
Planning division I don't recall. Karen is the one who specifically don't buy the property unless you
get a lot line adjustment because the parcel is unbuildable because it is only 200'wide in a forest
zone that has 100' side Y and setbacks.
The second in —1988 and 1997 was Bruce White who said the County has no definition for the
word "maintenance",nor does it have any guidelines for what is required to go into a homeowners
association agreement which was required for our cluster development.
The third lawyer in 2000 we dealt with was Rick Isham who said the final partition plat wasn't
recorded and therefore the county refused to enforce the map. What Mr. Isham failed to say was
that he did not say that the County was required to record the map.
The fourth attorney was Laurie Craghead who backed up Isham withholding of the true facts
regarding the recording of our plat map.
The fifth attorney was Mark Pilliod who was asked to help get the map recorded l refused.
In 2004 with the help of our title company and the Bend Bulletin we were able to convince acting
CDD Director Tom.Anderson the record the map.
So far none of those attorneys were sharp enough to understand the concept of how important
obtaining a homeowners association agreement was to our safety.
The sixth attorney sixth attorney was David Doyle who stepped in to try to help obtain a
homeowners association agreement. His problem was he wanted to cover the dirty laundry without
cleaning the cloths. He also only considered one of the five or six alternatives that are possible. In
other words he failed.
The seventh attorney that has been assigned to us is John Laherty who is more interested in
throwing dirt at us than he is at looking at hard factual evidence. I would like to suggest to Mr.
Laherty that the decision of the magistrate has not been rendered yet.
Finally, I wanted to say a thank you to both Paul Blikstad and Nick Lelack for the courtesy they
showed Leigh Monday. Their kind words to her meant a great deal to her.
4 November 2015
Documentl page 1 2015-11-04
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alSomlls Deiniot n Planning Division
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P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.ar.us/cdd/
MEMORANDUM
DATE: October 29, 2015
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, Planning Manager
RE: Land Use Issues / November and Early December Schedule
This memorandum, for the Board of County Commissioner's (Board) November 4 meeting,
prepares them for a robust year-end meeting calendar as it pertains to land use. Table 1 lists
the land use issues before the Board from November 4 to December 9.
Table 1 —Board Calendar 77,1!
N rtj n�t ilk a I i „a, �e
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4, m Tart Am e
ndment/Znn a��€�., 0",00. 0t
)Nove mber
Hearings: Type 2 Limited Use Permit
So. Deschutes Co. Goal 11 Exception
Aceti
(Cooper)
Plan Amendment/Zone Change November 23 9 ( ) Eagle Crest Text Amendment
Deliberation: Code Enforcement Text
Non-Farm Dwelling (Clough) Amendment
E le
deist rextAmendment Say manta
€r
Nov fn er 31.,. Code Enforcelm pct!A bdrtient Cat' .r e-th ering,(4 �,
,. ), lakis new pellberatipn:Type 2 Limited Use Permit(Cooper) teul
Hearings:
Sage Grouse Amendments
December 2 Outdoor Mass Gathering(4 Peaks renewal) Housekeeping Amendments
"'Marijuana Regulations(evening hearing-
te ntative)
ekll
fl( 1
€ r l wDeC mber9 aus eeping' rdendme&
Quality Services Performed zuitli Pride
Other land use issues requiring Board consideration for the remainder of the year are tentatively
identified below in Table 2.
Table 2—Tentative Board Work Sessions, Hearings and Deliberations
!^
tE t 1$ kt': to
Merr�uana Regulations (-doP on y,
emergency.
December 30)
December 28;
Thornburgh Final Master Plan December 7 or 9 December 21 December 30 for
final decision
Lower Bridge Cluster December 7 or 9 TBD
. M
Deveio meat
Widgi Creek Developments - December 7 or 9 TBD.
KC Development Group December 7 or 9 December 21 TBD''
-2-
Sharon Ross
From: Nick Lelack
Sent: Friday,October 23,2015 11:59 AM
To: Sharon Ross
Cc: Tom Anderson;_CDD Planning Division
Subject: Board Schedule for December
Hi Sharon,
CDD has the following items to schedule for Board work sessions,hearings and possible deliberations in November and December.
We would like to coordinate with you to set this schedule as soon as possible so everyone can plan accordingly.
Please find below a list of projects. Please let us know the Board's schedule.We will then propose a schedule of work sessions,
hearings,and deliberations as possible for your and Tom's consideration.
Work Sessions,Public Hearings,Deliberations
Items in bold are already scheduled or ready to be scheduled.
1. Cooper
a. Public Hearing(Oct.26)
b. Deliberations
2. Clough deliberations
3. Aceti Plan Amendment and Zone Change
a. Public hearing scheduled for Nov.23
b. Deliberations likely in January
4. Eagle Crest Text Amendments
a. Work Session
b. Public Hearing
c. Deliberations(likely in January)
5. Goal 11
a. Public hearing Oct.28
b. Deliberations In December
6. Sage Grouse Plan and Text Amendments
a. Work session?
b. Public hearing
c. Deliberations
7. Marijuana regulations(PC recommendation Nov.23;BOCC to adopt by Dec.30)
a. Work session to prepare for public hearing(Nov.30 is preferred date)
b. Public hearing(s)—at least 1 in the evening
c. Deliberations
8. Code Enforcement Text Amendment
a. Work session?
b. Public hearing
c. Deliberations
9. Housekeeping Text Amendments
1
a. Work Session
b. Public Hearing
Deliberations
10. Lower Bridge LLC Cluster Development
a. Work session?
b. Public hearing(possibly early January)
c. Deliberations(likely in January)
11. Thornburgh Final Master Plan Appeal(90-day LUBA remand decision due Dec.24—clock may be tolled to Dec.30-TBD)
a. Work session to decide whether to hear the appeal(HO decision expected by Nov.30).If Board hears appeal,then:
b. Public hearing
c. Deliberations
12. Widgi Creek Appeal
a. Work session,Public hearing, Deliberations-TBD
13. KCDG CUP for Reservoir/Large Scale Recreation(HO decision expected early Dec.)
a. Work session to decide whether to hear the appeal?If yes,then:
b. Public hearing(Dec.or Jan.?--depends on HO decision date and 150-day clock)
c. Deliberations in January
Other potential appeals of Hearings Officer decisions with 150-day clock expiring in January:
• Tumalo Irrigation District Lot of Records
• Tumalo Community Plan Amendment and Zone Change
• Riley Ranch Nature Preserve(Planning Commission deliberations on Nov.12;150-day clock expires on Jan.8)
• Caldera Springs(Hearings Officer hearing on Oct.27;decision expected in Dec.)
• KG Ranch CUP for Reservoir/grading in the floodplain
• Terrebonne subdivision
• Others...
Nick Lelack,AICP,Director
Deschutes County Community Development Department
PO Box 6005
117 NW Lafayette
Bend,OR 97708-6005
Office:541.385.1708/Cell:541.639.5585/Fax:541.385.1764
www.deschutes.org/cdd
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Let,0 "i ' �( Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, NOVEMBER 4, 2015.
Commissioners'Hearing Room-Administration Building - 1300 NW Wall St, Bend
1. 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 sig n-u p 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. CDD STAFF REPORT:
• Land Use Issues / November and Early December Schedule —Peter
Gutowsky
• Aceti Plan Amendment, Zone Change and Goal Exception (247-14-
000456-ZC, 247-14-000457-PA) —Peter Gutowsky, Planning Manager
& Paul Blikstad, Senior Planner
CONSENT AGENDA:
1. Board Signature of Ordinance No. 2015-021, Amending Title 23, the
Deschutes County Comprehensive Plan, to Revise the Mineral and Aggregate
Resource Inventory for Deschutes County, and Re-designating Certain
Property from Agricultural to Surface Mining (SM).
Board of Commissioners' Business Meeting Agenda Wednesday,November 4, 2015
Page 1 of 4
2. Board Signature of Ordinance No. 2015-022, Amending Title 18, the
Deschutes County Zoning Map, to Change the Zone Designation on Certain
Property from Exclusive Farm Use (EFU-HR) to Surface Mining (SM).
3. Board Signature of Document No. 2015-621, Criminal Justice Commission,
Family Drug Court Grant
4. County Administrator Signature of Document No. 2015-684, Agreement
with Department of Environmental Quality for Grant to Conduct Pilot
Remediation Project at Demo Landfill
5. County Administrator Signature of Document No. 2015-685, Agreement
with Apex Company for Environmental Engineering Services
6. Board Signature of Document No. 2015-699, Option Agreement between
Deschutes County and Cascade Divide Data Centers to Purchase Two Parcels
in Finley Butte Industrial Park Phase 1, Lots 1 and 2, La Pine
CONVENE AS THE GOVERNING BODY OF THE 9-14 COUNTY
SERVICE DISTRICT
1. 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-H
COUNTY SERVICE DISTRICT
2. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
3. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for Deschutes County
Board of Commissioners' Business Meeting Agenda Wednesday,November 4, 2015
Page 2 of 4
4. ADDITIONS TO THE AGENDA
To watch this meeting on line, go to:
http://www.deschutes.org/bcc/page/board-meeting-videos
Please note that the video will not show up until recording begins.
You can also view past meetings on video by selecting the date shown on the website calendar.
111(41? Deschutes County encourages persons with disabilities to participate in all programs and
451/1 activities. To request this information in an alternate format please call (541)617-4747, or
email ken.harms @deschutes.org.
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'meetin g rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If have questions
regarding a meeting,please call 388-6572.)
Wednesday, November 4
10:00 a.m. Board of Commissioners' Business Meeting
Thursday, November 5
3:00 p.m. Joint Meeting with Fair Board, at Fair/Expo Conference Room
Monday, November 9
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, November 11
Most County offices will be closed to observe Veterans'Day.
Board of Commissioners' Business Meeting Agenda Wednesday, November 4, 2015
Page 3 of 4
Monday, November 16
Association of Oregon Counties Conference Week—no Meetings this week
Monday, November 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session--could include executive session(s)
Tuesday, November 24
8:00 a.m. Forester/Natural Resources Update Tour
Monday, November 30
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, December 1
3:30 p.m. Regular Meeting of the Public Safety Coordinating Council
Wednesday, December 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, December 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session---could include executive session(s)
'4 Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541)617-4747, or email
�c�® ken.harms@deschutes.orq.
Board of Commissioners' Business Meeting Agenda Wednesday, November 4, 2015
Page 4 of 4