Loading...
2001-824-Minutes for Meeting October 10,2001 Recorded 10/31/20011130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke Mike Daly MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 10, 2001 Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Rick Isham and Laurie Craghead, Legal Counsel; Marty Wynne, Finance Department; George Read, Tom Anderson, Christy Morgan, Steve Miller and Steve Jorgensen, Community Development, Media Representatives Barney Lerten of bendnet. com and Rick Meyers of Z-21 TV and five citizens. Chair Tom DeWolf opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 5. Before the Board was Consideration of Signature of a Personal Services Contract with Coffman Associates, Inc. for the La Pine Airport Feasibility Study. Steve Jorgensen indicated there have been no significant changes; Risk Manager Mike Viegas is reviewing the insurance certificate to make sure it complies with County requirements. He said a check for the study has been received from La Pine Industrial Group. LUKE: Move signature. DALY: Second. Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of&' "s§Vffli es Performed with Pride Page 1 of 7 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 2. Before the Board was a Public Hearing, First and Second Readings (Declaring an Emergency), and Consideration of Signature of Ordinance No. 2001-044, Amending Title 18 of the Deschutes County Zoning Ordinance, Establishing the La Pine Business Park District. Steve Miller gave a brief overview of the issue. He said that County Legal Counsel has changed the CCR's (Covenants, Conditions and Restrictions) a little, as some of the items were already covered in County Code. Additional language was added in the staff report to clarify the need for the changes. Laurie Craghead stated that La Pine Industrial Group has signed off on the CCR's. Commissioner Luke said that La Pine Industrial Group has to sell and manage the property, so if they are happy, the Board is okay with it. Chair Tom De Wolf then opened the public hearing. Being no testimony offered, he then closed the public hearing. LUKE: I move approval of First and Second Readings, by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then did the First Reading, by title only, declaring an emergency. Chair De Wolf then did the Second Reading, by title only, declaring an emergency. LUKE: I move signature of Ordinance No. 2001-044, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of Commissioners Page 2 of 7 Pages 3. Before the Board was a Public Hearing, First and Second Readings (Declaring an Emergency), and Consideration of Signature of Ordinance No. 2001-046, Amending Title 23 of the Deschutes County Comprehensive Plan, Establishing the La Pine Business Park District. Steve Miller said that this is not much different from Ordinance No. 2001-044; it serves to have the comprehensive plan in line with zoning ordinance. Chair Tom De Wolf then opened the public hearing. Being no testimony offered, he then closed the public hearing. LUKE: I move approval of First and Second Readings, by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then did the First Reading, by title only, declaring an emergency. Chair De Wolf then did the Second Reading, by title only, declaring an emergency. LUKE: I move signature of Ordinance No. 2001-046, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2001-096, Establishing the Covenants, Conditions and Restrictions for the La Pine Urban Unincorporated Community to Establish a Business Park District. LUKE: I move signature of Order No. 2001-096. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of Commissioners Page 3 of 7 Pages 6. Before the Board was the Second Reading and Consideration of Signature of Ordinance No. 2001-033, Amending Building Height Exceptions for Agricultural Structures. LUKE: I move approval of the Second Reading, by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: No. DEWOLF: Chair votes yes. Chair De Wolf then did the Second Reading, by title only, declaring an emergency. LUKE: I move signature of Ordinance No. 2001-033. DEWOLF: Second. At this time, Commissioner Mike Daly read a statement in opposition of the passage of this Ordinance. (A copy is attached as Exhibit A.) LUKE: There's been an ongoing concern regarding height issues on all kinds of things. This is not a knee-jerk reaction to a single complaint. I voted for right to farm laws twice while in the Legislature. Nothing in the Ordinance stops private property owners from suing a farmer. I feel this Ordinance gives farmers something to hang their hat on, and enforces their right to farm and offers them some protections. Chair DeWolf also read from a prepared statement, in support of the passage of this Ordinance. (Copy attached as Exhibit B.) LUKE: I move signature of Ordinance No. 2001-033. DEWOLF: Second. VOTE: LUKE: Yes. DALY: No. DEWOLF: Chair votes yes. Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of Commissioners Page 4 of 7 Pages BEFORE THE BOARD WAS THE CONSENT AGENDA. LUKE: Move approval. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items 7. Signature of Resolution No. 2001-078, Approving Two Full-time Mental Health Positions (Funded through the State of Oregon) 8. Signature of Resolution No. 2001-079, Approving a Supplemental Oregon Health Division Grant to the Deschutes County "Oregon Mothers Care" Program 9. Signature of an Agreement between Deschutes County and the COCAAN Head Start Program for Sanitary Inspection of School Food Service Facilities 10. Signature of Order No. 2001-101, Establishing the Name of Old Bend Redmond Highway 11. Signature of a License Agreement between Deschutes County and One Property Owner for Participation in the La Pine National Demonstration Project 12. Signature of Contracts with Orenco Systems, Inc., a Vendor of Experimental On-site Sewage Disposal Systems to be Installed under the La Pine National Demonstration Project 13. Approval of Proposed Changes to the Deschutes County Community Development Fee Waiver Policy 14. Approval of a Modification of an Intergovernmental Agreement between Deschutes County and Central Oregon Intergovernmental Council (COIC) for Administration Services related to the La Pine Water District Community Development Block Grant 15. Signature of a Central Oregon Community Investment Board Intergovernmental Agreement between COIC, Crook County, Jefferson County and Deschutes County for Administrative Services for Regional Investment and Rural Investment Programs Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of Commissioners Page 5 of 7 Pages 16. Signature of Modification No. l to the Intergovernmental Agreement, which Created the Central Oregon Community Investment Board between Crook County, Jefferson County and Deschutes County 17. Signature of a Personal Services Contract between Deschutes County and Community Justice Associates, LLC (Dennis Maloney) for the Balanced and Restorative Justice Project 18. Signature of Order No. 2001-100, Transferring Cash among Various Funds as Budgeted in the Deschutes County Budget for Fiscal Year 2001-2001, and Directing Entries CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 19. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $7,198.32. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,199.79. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board Meeting Wednesday, October 10, 2001 Deschutes County Board of Commissioners Page 6 of 7 Pages RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $631,836.69. LUKE: I move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 22. Before the Board was Additions to the Agenda. None were offered. Being no further items brought before the Board, Chair Tom De Wolf adjourned the meeting at 10:25 a.m. DATED this 10th Day of October 2001 for the Deschutes County Board of Commissioners. ATTEST: - Recording Secretary Minutes of Board Meeting Deschutes County Board of Commissioners Tom DeWolf, Cha /Z D nnis R. Luke, Commissioner M c ael M. aly, Co missioner Wednesday, October 10, 2001 Page 7 of 7 Pages Ordinance # 2001-033 October 10, 2001 Commissioner Mike Daly Statement in opposition to passage of this ordinance. I want to go on record as being very much opposed to the passage of this ordinance. There has not been shown that there is a need for the ordinance. In the not so distance past, a person built a barn on farm ground, which happened to be near or adjacent to a subdivision. The building of this barn apparently block the views of one or a few persons who had built their homes in the Subdivision. This apparently cause a stir and a rush to the planning commission to create an ordinance, which would limit or control these allowable farming practices. What we have here today is the result that effort. I attended one of the planning commission public hearings and listened to the testimony. The meeting I attended, the testimony was overwhelmingly against this ordinance. There was one person who testified who was the apparent original complainant, in favor of this ordinance. One of the things he said was that his realtor told them when they purchased the place that they would have a view forever. I would suggest this person should take his complaint to his realtor rather than the farmer next door. There has not been shown a compelling need for this ordinance. The Community Development department records for the past four and a half years, show there have only been two barns built in the County, which exceeded the 36 ft. height limitation. Where is the need for the ordinance? Why should we put legitimate farmers and Ranchers through the burocratic process when they want to build a hay barn? This right has been protected in Oregon for many years. Are we going to be the first County in Oregon to start infringing on these rights? Deschutes County has an ordinance known as the RIGHT TO FARM ordinance. While this new proposed ordinance does not legally conflict with the right to farm ordinance, I feel it infringes on the spirit of the Right to farm Ordinance. Chapter 9.12.130 in the Right to Farm Ordinance, is an example of the spirit I am talking about. This ordinance reads as follows. (Read Ordinance. Again I feel there has not been shown that there is a need for this new ordinance and I am going to vote no to it's passage. Mike Daly\ Deschutes County Commissioner. e v- � �,,r 9.12.130. _ Complaints by nonresource users. Any persons no„t,xnga egd.in a farm or forest use are deemed on notice that Deschutes County will not issue a citation involving a farm or forest practice protected under DCC 9.12, so long as such resource use complies with applicable provisions of federal and state laws and-RP-.C— I 9.12. order to protect a farm'forest Practice from shutdown u on recei t of a comp amt o nuisance, there shall be a - _ _ _r --MIN n, n the nractice in the avav,.....— ----- -- - of the practice would result in animmedia threat to ea an Or sa o thg_,^"h1Yr,, and e� Coun shall not take acts cessation of such practice. If the practice shall not av djudged to be an acceptable practice, the County shall, subject to DCC 9.12.140, make a timely determination of whether a citation should issue. . (Ord. 2001-016 § 2,2001; Ord. 95-024 § 9, 1995) 9.12.140. Farm practices advisor list- or In determining whether any p g forest practice is a generally accepted, reasonable and prudent practice, County staff may prior to issuing a citation, seek the advice of an expert or experts in the particular practice involved from a list of experts provided by the Deschutes County Farm Bureau for each commodity or practices area. (Ord. 2001-016 § 2, 2001; Ord. 95-024 § 10, 1995) 9.12.150. Affect on livestock control districts. Nothing in DCC 9.12 shall apply to or restrict any action taken under DCC 6.08 with respect to livestock at large. (Ord. 2001-016 § 2, 2001; Ord. 95-024 § 11, 1995) (03/2001) Chapter 9.12 Agricultural Building Height Ordinance October 8, 2001 Board Meeting statement This ordinance became far more controversial than I ever expected it to become. "Height" has become a very contentious issue in Deschutes County. My goal with this Ordinance Amendment, which is not a new ordinance, but an amendment to an existing ordinance, is to allow farmers the freedom to do their work without the fear that a neighbor will have the ability to stop them. Up until the adoption of this amendment, farmers were in danger of having neighbors creating roadblocks in building agricultural buildings if they impacted their view. This ame dm l cleans up that loophole in our ordinance. I spokeyetday with Leonard Knott, head of the Farm Bureau, and told him of my commitment to the farming community. I asked Mr. Knott to please contact me if it turns out that this amendment has any unintended negative consequences for farmers that we can work out. Mr. Knott told me that he is not dissatisfied with this amendment, and appreciates the approach the Board and the Planning Commission have taken with this issue and that the resulting amendment may well work out fine. He said he realizes that Deschutes County is changing and that the farming community recognizes that we're all in this together and we all need to work together. My colleague, Mike Daly, recently stated on bend.com that he's noticed "that whenever something controversial comes up, the first thing we do is rush to create an ordinance to regulate it." With all due respect, I disagree completely. In my three years on the Commission, this has simply not been the case. And it is not the case here. I believe that a few years down the road, Mike will find that this ordinance has actually protected farmers from frivolous opposition to the construction of agricultural buildings. I gave Leonard Knott my word that if there are unintended problems that result from this amendment, I will work with the Farm Bureau and the farming community to correct those problems. I have faith that the Farm Bureau, the farmers, our Planning Commission, planning staff and others who have worked so hard on this amendment for so long, have done a sound job. I support the work they've done and I support the amendment to the ordinance. &C" I (. k- / 0/ `©/o �