2025-381-Minutes for Meeting October 06,2025 Recorded 11/17/202501 E S COG
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
1:00 PM
Recorded in Deschutes County OJ2025-381
Steve Dennison, County Clerk
Cornmissioners` Journal 11 /17/2025 10:35:35 AM
iiiiiiuunuuuiiimriisii
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
MONDAY October 6, 2025
Allen Room
Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were
County Administrator Nick Lelack; Senior Assistant Legal Counsel Kim Riley; and BOCC
Executive Assistant Brenda Fritsvold.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal: www deschutes.org/meetinas.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 pm.
CITIZEN INPUT: None
COMMISSIONER ANNOUNCEMENTS: None
AGENDA ITEMS:
1. Corrected Ordinance No. 2025-014: McKenzie Meadow Village Plan
Amendment and Zone Change
Jacob Ripper, Principal Planner, said due to a scrivener's error, the ordinance
adopted by the Board on October 1, 2025 to change the Comprehensive Plan
designation of approximately 58 acres adjacent to the City of Sisters from Forest
to Rural Residential Exception Area and rezone the subject properties from
Forest Use 2 (F-2) to Multiple Use Agricultural - 10 Acre Minimum (MUA-10) had
an incorrect reference number. As a result, Board action is needed to conduct
BOCC MEETING OCTOBER 6, 2025 PAGE 1 OF 3
first and second reading and adopt this ordinance under the corrected reference
number of 2025-014.
CHANG: Move approval of first and second reading of Ordinance No. 2025-014 by title
only
ADAIR: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
Chair DeBone read the title of the ordinance into the record two times.
ADAIR: Move adoption of Ordinance No. 2025-014 amending Deschutes County
Code Title 23, to adopt an exception to Goal 4 and to change the C
Comprehensive Plan Map Designation for certain property from Forest
to Rural Residential Exception Area, and amending Deschutes County Code
Title 18, the Deschutes County Zoning Map, to change the Zone Designation
for certain property from Forest Use 2 to Multiple Use Agricultural
and declaring an emergency to take effect immediately
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried 3 - 0
2. Work Session to consider amendments to Title 2 of Deschutes County Code,
Administration
Dave Doyle, County Counsel, explained proposed amendments to Title 2 which
would clarify the jurisdiction of the Dog Board in non -livestock matters which
derive from a referral from the District Attorney or the Sheriffs Office. Saying
that cases involving human injury occur on average once every 18 months, he
said the aim is to resolve uncertainty in such cases. He further advised that the
Board allow the participation of an interim Dog Board member if needed to
secure a quorum of the Board.
Doyle added that another proposed change would stipulate that the
membership of the Dog Board is no less than three and no more than five.
In response to Commissioner Adair, Doyle said noise complaints involving
barking dogs should be reported to the Sheriffs Office.
BOCC MEETING OCTOBER 6, 2025 PAGE 2 OF 3
Chair DeBone noted the consensus of the Board to proceed to a public hearing
on the proposed amendments to Title 2.
OTHER ITEMS:
Commissioner Adair asked for an update on decisions involving the TSSA and said
COVA wants to be notified when people are told they must move.
Commissioner DeBone shared that he will speak at the Oregon Emergency
Management conference which is being held in Bend this week.
County Administrator Nick Lelack said the scheduled Executive Session pertaining to
an employment matter pursuant to ORS 192.660 (2)(a) is being canceled.
EXECUTIVE SESSION:
At 1:11 pm, the Board entered Executive Session under ORS 192.660 (2) (i) Employee evaluation.
The Board exited Executive Session at 1:52 pm with no action taken.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 1:52 pm.
DATED thisL1� day ofod4kh--e 2025 for the Deschutes County Board of Commissioners.
RE OVR-I S CRETARY
PHIL CHANG, COMMISSIONER
BOCC MEETING OCTOBER 6, 2025 PAGE 3 OF 3
vT E S Co
o
MEETING DATE:
BOARD OF
COMMISSIONERS
October 6, 2025
SUBJECT: Work Session to consider amendments to Title 2 of Deschutes County Code,
Administration
RECOMMENDED ACTION:
Board direction to proceed with public hearing.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Code (DCC) Title 2, Administration, includes Chapter 2.50, Board of
Supervisors. Legal has observed inconsistencies and/or gaps between DCC 2.50 and
associated sections of DCC. In order to provide full clarity, maintain current practice, and avoid
potential challenges associated with the inconsistencies/gaps, Legal recommends the
proposed amendments.
BUDGET IMPACTS:
None
ATTENDANCE:
Legal
2.50,010 Board flame
2.50.020 Board Membership
2.50.025 Lack Of Quorum Due To Vacancy
2.50.030 Compensation; Expense Reimbursement
2.50.040 Meetings,_ Attendance And Quorum
2.50.050 Powers And duties
2.50.060 Conflicts Of Interest
2,50.070 Appeal
2.50.080 Demand
2.50.010 Board Name
The name of the board shall be the Deschutes County Board of Supervisors, hereinafter in
this chapter called "the board...," or"the Dog Board."
HISTORY
Adopted by Ord. 95-013 §1 on 312911995
2.50.020 Board Membership
A. The membership of the board shall consist of no Less than three and no more than
five residents of the County. At least two members shall be directly or indirectly
connected with the livestock industry.
B. Members shall be appointed by the Board of Commissioners for a term of two years,
except that each membership may be terminated by a majority vote of the Board of
Commissioners.
C. Appointments shall be made on a staggered basis, with each beginning on July 1 of
the year of appointment, incumbents to serve until regularly replaced.
D. At the expiration of the term of any member, the Board of Commissioners shall
appoint a new member or may reappoint a member for a term of two years. If a
vacancy occurs, the appointing body shall appoint a new member for the unexpired
term.
E. The Board of Commissioners may appoint one or more alternate board members
who are residents of the County. Alternate board members shall be appointed for
terms of two years beginning on July 1 of the year of appointment. If more than one
alternate board member is appointed, the appointments shall be on a staggered
basis. Any alternative board member's membership may be terminated by a
majority vote of the Board of Commissioners.
F. When an alternate board member is sitting on the board for the purpose of
conducting board business, the alternate board member shall be deemed to be a
board member, and shall have all the rights, duties and obligations of a board
member appointed pursuant to DCC 2.50.020.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
Amended by Ord. 99-005 §1 on 1/27/1999
.50.0 5 Lack Of Quorum Due To Vacancy
If the board ceases for any reason to have a quorum of three members due to vacancy or
unavailability, the Board of County Commissioners shall designate an interim _membe_r i_n
order to..Ile stabLish_ et as tI"Ie b oard-d vit a quorum13C-Aj9-Pflfint'u- d.
HISTORY
Adopted by Ord. 97-011 §3 on 3/19/1997
No board member shall receive compensation, but shall be reimbursed for authorized
expenses.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
a
A. The board shall convene a hearing promptly:
1 . Upon ie�e written _request of any Livestock owner claiming that an
identfed_dog(s)_,_presentty secured
at impound,_has_engaged in ki_lti_ng,
wounding, _or chasing_liv_estock, and_provided_that the Sheriff's Office is
supportive Of proceeding with a hearing
RIMM
2. ,LV
9
I :..,..,+.... I .
�,�z-a�,�Upon referrsl_from_the Sheriff or_the_District Attorney as further
described in DCC 2,50,050 C,.
B. Involved dog owners, _ -and livestock owners, andother_dentified persons shall be
given reasonable notice of hearings.
C. Members absent three consecutive hearings maybe asked to resign, enabling the
Board of County Commissioners to appoint a replacement.
D. Three members_ shall constitute a quorum. _When necessary
fo.r a quorum,_ , any or all alternative
board members or interim members -may sit on the board to provide a board of three
or more board members. A board of three board members, including one or more
alternative board members and/or interim_ boardmembers, shall also constitute a
quorum.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
Amended by Ord. 99--005 §2 on 1/27/1999
As provided in ORS 609.030M, the Board of County Commissioners vests in the board the
following responsibilities:
A. To conduct hearings to determine whether an impounded dog has been engaged in
killing, wounding, injuring or chasing livestock in accordance with applicable
BTo conduct damage claims hearings in accordance with DCC 6.12.080.
C. _TO conduct_ hearings, upon_referral from th_e Sheriff's Office_or_the_District_Attorney's
Office,to determine whether_ an impounded dog_.has engaged in conduct
constituting_nuisa_nce, me_naeing�potentiatly dangerous dog,_ordanerous dog
_as
provided in_DCC 6.08 and/or ORS 609, and thereafter to order proper disposition..
f3-.D.Determinations _made _by the Du Board shall be supported by reliable,
probative and substantial evidence, and may be-pealedas_provi_ded for in ORS
609.090 or_ORS 609 165.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
A member of the board shall not participate in any board proceeding or action in which any
of the following have a direct, substantial financial interest: the member or his spouse,
brother, sister, child, parent, father-in-law, mother-in-law, or any business with which he is
negotiating for or has an arrangement or understanding concerning prospective investment
or employment. Any actual or potential interest shall be disclosed at the meeting of the
board where the matter is being considered.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
.50..070 Appeal
The decision of the board shall be the final decision of the County, except in the case of
remand after appeal or review by a court, or as otherwise provided by law.
HISTORY
Adopted by Ord. 95-013 §1 on 3/29/1995
Amended by Ord. 97-011 §3 on 3/19/1997
2.50.0 0Reand
If a decision of the board is remanded after appeal or review by a court, the Board of
County Commissioners shall conduct a new hearing under the law in effect at the time of
the new hearing. For the new hearing under DCC 2.50.080, the term "board" shall mean
Board of County Commissioners.
HISTORY
Adopted by Ord. 97-011 §3 on 3/19/1997
�01 E S CO
C. G
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, OCTOBER 6, 2025
Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To attend the meeting virtually via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and
*6 to unmute yourself when you are called on.
• When it is your turn to provide testimony, you will be promoted from an attendee to a panelist.
You may experience a brief pause as your meeting status changes. Once you have joined as a
panelist, you will be able to turn on your camera, if you would like to.
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, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
CITIZEN INPUT
The Board of Commissioners provides time during its public meetings for citizen input. This is an
opportunity for citizens to communicate to the Commissioners on matters that are not otherwise
on the agenda. Time is limited to 3 minutes.
The Citizen Input platform is not available for and may not be utilized to communicate obscene or
defamatory material.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.
COMMISSIONER ANNOUNCEMENTS
AGENDA ITEMS
1. 1:00 PM Corrected Ordinance No. 2025-014: McKenzie Meadow Village Plan
Amendment and Zone Change
2. 1:05 PM Work Session to consider amendments to Title 2 of Deschutes County Code,
Administration
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.
EXECUTIVE SESSIONS
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.
3. Executive Sessions under ORS 192,660 (2) (a) Employment of a staff member, and
ORS 192.660 (2) (i) Employee evaluation
ADJOURN
October 6, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2