2018-36-Minutes for Meeting December 13,2017 Recorded 1/25/2018Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2O18-36
Commissioners, .journal 01/25/2018 7:39:37 AM
•E L` II'
2018-36
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Allen Conference Room
Wednesday, December 13, 2017
Present were Commissioners, Anthony DeBone and Phil Henderson. Commissioner Tammy
Baney was absent. Also present were Tom Anderson, County Administrator, Erik Kropp, Deputy
County Administrator; David Doyle, County Counsel; and Sharon Ross, Executive Secretary. One
citizen was present. No representatives of the media were in attendance.
CALL TO ORDER: Vice -Chair DeBone opened the meeting at 1:32 p.m.
ACTION ITEMS
1. Consideration of Letter to Congressman Walden Regarding Property for Wildland
Firefighting:
Joe Stutler, Senior Advisor submitted a letter for consideration regarding transferring
firefighting equipment to local cooperators. Mr. Stutler was unable to be present for
the meeting. County Administrator Anderson stated he understands from Mr. Stutler it
is in absence of the ability of follow through for the Bureau of Land Management to
donate fire equipment to local fire departments. Mr. Stutler is asking for the Board's
support of draft language to support. According to Mr. Stutler, the current transfer
authority is limited. Commissioner Henderson asked for clarification on the agencies
involved as the noted local cooperators. The letter is unclear whether it is a House or
Minutes of Board of Commissioners' Work Session December 13, 2017 Page 1 of 4
Senate Bill as the bill number is not specified in the letter. Commissioner Henderson
suggested contacting Walden's office for clarification. Commissioner DeBone suggested
asking County Forester Ed Keith for his input. The Board expressed a need to find our
current process in the state to provide for a better understanding of the request.
County Administrator Anderson will contact County Forester Ed Keith to research the
details of this matter.
2. Discussion of Solar Payment in Lieu of Tax Agreement (PILOT), Heelstone Energy
Scot Langton, County Assessor presented a request from Heelstone Energy for
participation in the solar payment in lieu of tax agreement. This solar field is already in
operation and is located between Bend and Redmond. Heelstone Energy is the new
developer of the property.
Mr. Langton provided a spreadsheet of PILOT program calculations and explained
eligibility.
Commissioner Henderson is inclined to stick with with standard market assessment.
County Administrator Anderson noted the Board is not obligated to grant the PILOT
program and if they decline the request, the default is market assessment.
Commissioner DeBone expressed his interest in meeting with Heelstone Energy
regarding general issues associated with solar power storage and land use.
Commissioner Henderson commented on the untimely request for a tax break on
something that is already sited and constructed. He shared his view that solar is not
affordable power.
Mr. Langton will bring this item back to the Work Session of December 18. For that
agenda, Commissioner DeBone noted he is scheduled for a state radio project
conference call from 2:00 — 3:00 that he needs to participate in. County Administrator
Anderson noted the business meeting may be lengthy and the Work Session may start
time may be pushed back to later in the afternoon.
OTHER ITEMS:
• County Administrator Anderson submitted a ballot that was received for the Sisters
Chamber of Commerce. The Board supported casting a vote for all six candidates on the
ballot.
Minutes of Board of Commissioners' Work Session December 13, 2017 Page 2 of 4
• County Administrator Anderson brought for consideration the vacancy on the Budget
Committee. Interviews were held on December 5 and has input from Commissioner
Baney. Commissioner Henderson requested further time to review. There is one
vacancy on the committee and the next Budget Committee meeting is December 191H
An appointment could be made at the December 18th Business Meeting. County
Administrator Anderson noted there is a vacancy on the Audit Committee and would
encourage the candidates not selected to consider submitting an application.
Commissioner Henderson will meet with County Administrator Anderson tomorrow for
his suggested rankings.
3. Preparation for Public Hearing: Appeal of Hearings Officer Decision Approving a Bed
and Breakfast Inn and Campground
Peter Gutowsky and Anthony Raguine Community Development Department presented.
Mr. Raguine (ill) was present via conference phone. This item of discussion was audio
recorded. Mr. Raguine gave a brief overview of the project and noted issues raised by
the neighbors. Mr. Raguine described the location of the property and the applications
submitted by the Mazama Foundation to replace the existing single family dwelling on
site and to construct a bed and breakfast structure. The public hearing is scheduled for
Monday, December 18, 2017 at 10:00 a.m. An appeal was submitted on the hearings
officer decision to approve the applicant's request to establish a bed and breakfast and
campground. Discussion on water sources, set -backs and campgrounds in the zoning
code.
Mr. Raguine reported the concerns of the neighbors include lighting, traffic, noise, fire
from campers, and that it is not suitable for a residential area. Commissioner DeBone
inquired if there was any mention in the application regarding seasonality of the
business for summer and winter activity and there is not. Commissioner Henderson
requested definitions of campgrounds and bed and breakfast for the hearing. Regarding
the concern of fires, the hearings officer made recommendation to prohibit campfires
and smoking.
OTHER ITEMS Continued:
Airport Advisory Committee: County Administrator Anderson reported on a recent
vacancy for the Airport Advisory Committee. Members of the committee include
nominated members from Crook, Jefferson, and Deschutes Counties and Cities of
Minutes of Board of Commissioners' Work Session December 13, 2017 Page 3 of 4
Redmond and Bend. The Deschutes County vacancy could be filled by a member of the
public, commissioner, or county staff. Redmond did send over an application notice of
someone that expressed interest. Commissioner Henderson noted interest in being on
the committee.
• State legislative vacancy: County Administrator Anderson reported the meeting to fill
the legislative vacancy for Senate District 30 will be held in John Day during the first
week of January. Commissioner DeBone expressed interest in participating.
• Budget: Chris Ogren, Administrative Intern is working on the Board budget and
requested input on anticipated travel or furniture requests to include for the next fiscal
year.
Remodeling: County Counsel Doyle reported on plans for remodeling in the legal
department to address significant concerns regarding confidentiality. Doyle prefaced
his comments by noting that the BOCC was not in favor of his plan to relocate Legal into
the Mike Maier building. The current configuration directs conversations in Legal down
the BOCC/Admin hallway. In addition, non -legal staff walk through the middle of the
legal department throughout the day (as well as after hours). Facilities is anticipating the
project to cost approximately $26,000 to extend the temporary walls up to the ceiling
and install a door into the suite area. Downtown campus fund was suggested for use.
Commissioner DeBone expressed his support to proceed with the design plan.
ADJOURN: Being no further discussion, the meeting adjourned at 2:48 p.m.
In 011N
DATED this Day of 201&r the Deschutes County
Board of Commissioners.
Tammy Baney, Cha' 17
ATTEST:
Recording Sec tary
Anthony DeBone, Vice Chair 2017
Philip G. Henderson, Commissioner
Minutes of Board of Commissioners' Work Session December 13, 2017 Page 4 of 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, DECEMBER 13, 2017
Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the
meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested citizens are invited to attend.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed,
although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or
have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work
Sessions are not normally video or audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Consideration of Letter to Congressman Walden Regarding Property for Wildland
Firefighting - Joe Stutler, Senior Advisor
2. Discussion of Solar Payment in Lieu of Tax Agreement, Heelstone Energy - Scot
Langton County Assessor
3. Preparation for Public Hearing: Appeal of Hearings Officer Decision Approving a Bed
and Breakfast Inn and Campground -Anthony Raguine, Senior Planner
EXECUTIVE SESSION
At any time during the 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 categories.
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Work Session Agenda Wednesday, December 13, 2017 Page 1 of 2
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
ADJOURN
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.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.oM/meetingcalendar
(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.)
Board of Commissioners Work Session Agenda Wednesday, December 13, 2017 Page 2 of 2
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December 13, 2017
Honorable Greg Walden
2185 Rayburn House Office Building
Washington, DC 20515
Representative Walden,
Board of County Commissioners
PO Box 6005, Bend, OR 97708-6005
1300 NW Wall Street, Suite 206, Bend, OR 97703-1960
TEL (541) 388-6570 • FAX (541) 385-3202
www.deschutes.ora
board@co.deschutes.or.us
The current draft language in the Senate Appropriations Committee for funding the Department of Interior for
fiscal year 2018 addresses the Bureau of Land Management's (BLM) ability to direct transfer title to excess
Department of the Interior firefighting equipment to local cooperators.
The current draft language from the House of Representatives is missing this important language.
Excerpts from the draft Senate version is as follows:
A BILL
Making appropriations for the Department of the Interior, environment and related agencies for the fiscal year
ending September 30 2018 and for other purposes.
Pages 148 and 149• SEC 432 The Secretary of the Interior is authorized to enter into grants and cooperative
agreements with local cooperators to provide for wildland fire training and equipment, including supplies and
communication devices Not withstanding 121(c) of Title 40 United States Code or Section 521 of title 40, United
States Code the Secretary of the Interior is further authorized to transfer title to excess Department of the
Interior firefighting equipment to local cooperators under these agreements.
We respectfully request that the draft language from the Senate appropriations bill be inserted in the current
draft language from the House of Representatives. If Congress approves the appropriation with this language, it
will significantly enhance our wildland fire capability with local cooperators. The current system, where federal
agencies must use the General Services Administration (GSA) or other government agencies as brokers, is
neither timely nor effective. BLM having the authority for direct transfer provides a great advantage for local
government. We appreciate your support.
Sincerely,
The Deschutes County Board of Commissioners
Tammy Baney, Chair Anthony DeBone, Vice Chair Philip G. Henderson, Commissioner
Solar PILOT Agreement - Tumbleweed
Here's the analysis over the 20 life of this project for either at market or using the PILOT
program. Since this project is already well into construction it would not qualify for the renewal energy
development zone.
Example of a 10M,,v Solar Project unvier 3-'t3.0T vs. RFeDD
O(sit
C}ta"ket
Assessed Value
1
12,803,441
2
11,435,252
3
10,439,632
4
9,704,384
5
8,932,260
6
8,353,594,
7
8,031,584
8
7,674,853
9
7,307,861.
10
6,91.1,129
11
6,469,565
12
5,98a,465
13
5, 452,308
4
4,876,3.1£1
.zt>
4,264,270
16
3,605,752
1.7
3,319,351,
18
1,033,331
19
2,693,552
20
2,352,806
O(sit
C}ta"ket
PILOT
if Changed Part tray
Yearly T ax'
Sum,ing Totai
Yearly Tax Running
Total
Yearly Tax
Running Total
1.9 , 5 f,;2
.192,562
70,000
70,0100
70,0100
70,000
171,985
364,548
70,000 �
140,000
70,01001
140,000
157,011
521,559
r
70,000
210,03001
70,000
210,000
145,953
667,512
Y
70,0100
280,000
70,000
2801,000
134,340
801,8-52
70,000
350,000
70,000
350,000
12.5,637
927,489
70,000 �
420,000
70,000
420,000
120%754
1,048,283
70,000 `
490,000
70,0001
490,000
115,429
1,163,712
70,000 �
560,000
70,0001
560,000
1901,900-
1,273,622
70,000 �
630,0010
70,000
630,0001
1031943
1,377,564
70,0()0 �
700,01030
70,000
700,0010
gz, 3()2
1,474,866
701,000 �
7701,0010
70,000
770,0010
89,991
1,564,857
70,000 �
840,0100
70,000
840,0030
51,()102
1,646,859
70,000 �
910,000
70,000
910,0001
73,'3353
1,720,198
70,000 �
980,00101
71,339
983,339
64,134
1,784332
70,0£30
1,(:l`so,000
64,1341,047,474
54,2301
1,838,563
70,£100 �
1,120,000
54,230
1,101,704
49;923
1,888,485
70,000
1,190,0001
49,923
1,151,625
45,320
1,933,306
70,000 �
1,260,0003
45,320
1,196,947
40,521
1,974,316
70,000
1,330,000
40,51.1
1,237,457
35,356
2,009,702
70,01001
1,400,000
35,386
1,272,843
70,000
one- yearpenalty
2,0_,9,702
1,400,000
1,342,843
Yeafly Tax figures lased on ;,rof E}s'nlai valuation inforb'nation prt: vi6-d by the Oregon DCr7r`ntnent of Revenue
yearly taxes (used on code 20,04 ,.%,iti,� FY17f 28 Natal rate of 1.517997thousand
So ce: Desci)�ites C<au,-�ty assesso!, 12;12017
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of December 13, 2017
DATE: December 7, 2017
FROM: Anthony Raguine, Community Development, 541-617-4739
TITLE OF AGENDA ITEM:
Preparation for Public Hearing: Appeal of Hearings Officer Decision Approving a Bed and
Breakfast Inn and Campground
RECOMMENDATION & ACTION REQUESTED:
The Mazamas Foundation received approval to establish a Bed and Breakfast Inn consisting of
three (3) guest rooms and a campground consisting of ten (10) camp sites. A timely appeal
was filed challenging primarily the appropriateness of the project to surrounding residential
uses.
ATTENDANCE:
Anthony Raguine, Senior Planner
SUMMARY: The purpose of this meeting is to provide an overview of the project, Hearings
Officer decision, and issue areas that will likely be discussed at the public hearing. This
meeting will also provide an opportunity for the Board of County Commissioners to ask staff
any clarifying questions.
DATE: December 5, 2017
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Boa 6085 117 NW Lafayette Avenue Bend, Oregon 97708-60,05
Phone: (541) 388-6575 Fax: (541) 385-1764
http://www.deschutes.org/cd
MEMORANDUM
TO: Board of County Commissioners (Board)
FROM: Anthony Raguine, Senior Planner
RE: Board Work Session on Mazamas Bend and Breakfast, and Campground
(247 -17 -000319 -CU, 247 -17 -000320 -SP, 247 -17 -000321 -CU)
A public hearing before the Board is scheduled for Monday, December 18, 2017, to
consider a timely appeal submitted in response to a Deschutes County Hearings Officer's
(HO) decision approving the applicant's request to establish a bed and breakfast inn (B&B)
and campground.
BACKGROUND
The Mazamas Foundation submitted a request for conditional use permit and site plan
review approvals to establish a B&B and campground. The applicant's proposal includes:
Replacing an existing single-family dwelling with a new four (4) bedroom dwelling
for the B&B use
Three (3) of the bedrooms would be dedicated guest rooms to accommodate up
to eight (8) guests
• The fourth bedroom would be an owner -occupied caretaker room
• Outdoor dining and gathering area adjacent to the dwelling that would be available
to both guests of the B&B and campers
• Cooking facilities and bathrooms/showers in the B&B would be available to
campers
• Six (6) campsites in the campground to accommodate up to 12 tent sites
• Maximum occupancy of 24 guests in the campground
• The closest campsite would be 25 feet from the south property line and 40 feet
from NE Smith Rock Loop
The HO approved the land use applications and included a number of conditions of
approval designed to make the proposal compatible with surrounding residential uses
including, but not limited to, the following:
Increased landscaping
Quality Services Peryiwined With Pride
• Extension of a privacy fence along the south property line
• Eliminating the composting toilet
• Reduce the campground use to a maximum of ten (10) tent sites with a maximum
occupancy of 20 guests
• Modify campsite locations to allow a 40 -foot setback from the south property line
and a 50 -foot setback from NE Smith Rock Loop
• Unless required by fire/life/safety codes, exterior lighting shall be turned off or be
motion activated between 10:00 pm and dawn
• No campfires or smoking permitted
• No cooking or open flames anywhere other than the outdoor paved cooking area
• The outdoor gathering space shall only be used for meals and informal gatherings
• Quiet hours from 9:00 pm to 6:00 am
• The operator shall have a person available during all times the site is open for
business to receive telephone complaints or concerns about the use
GIBSON APPEAL
The appellant, Marla Gibson, appeals the HO decision to address the following
summarized concerns:
• Impact of B&B and campground uses on a shared well
• Noise impacts
• Proposal exceeds definition of single-family dwelling
• Impact to nearby residences from drilling and blasting necessary to establish the
new dwelling
• Inadequate setback between the campsites and the south property line'
• The proposal is not harmonious with surrounding residential uses
• Allowing campers to utilize the B&B facility exceeds the definition of B&B
• Ability to secure septic approval for both uses
1 The appeal materials reference a 25 -foot setback. Based upon the Mazamas' post -hearing
submittal to modify the campsite locations, the HO approved a 40 -foot setback.
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