HomeMy WebLinkAbout2013-01-30 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Wednesday, January 30, 2013
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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.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 30, 2013
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, Interim County Administrator; Erik Kropp,
Deputy County Administrator; Will Groves, Community Development; Laurie
Craghead, County Counsel; and three other citizens.
Chair Unger opened the meeting at 10:02 a.m.
1. PLEDGE OF ALLEGIANCE
2. Before the Board was Citizen Input.
Citizen Joyce Faltus of Crooked River Ranch said she wanted to address the
problem of some people having too many animals on small acreage. Her
neighbor has as many as 14 horses on small acreage, much of which is not
useable due to a drop-off. The smell is bad, as are the flies. There is no limit
on horses per acre in Deschutes County or Jefferson County.
Crooked River Ranch is rural residential. Mostly it is residential and there are a
lot of retirees living there. Most people who have horses only have two or three
horses. There are a lot of people living next door to her, coming and going, and
they may be boarding horses there. The house is totally surrounded by horses
and goats. The land drops off so there is only about three useable acres.
She found out about a parasite called giardia, which is contagious to animals
and people. The area where the horses are is never clean. She is said her well
is only 272 feet deep and she worries about contamination. The s oil is clay.
The well is shared with the neighbor.
Minutes of Board of Commissioners’ Business Meeting Wednesday, January 30, 2013
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The neighbor’s septic system is starting to fail as well. Her husband and two
animals have developed cancer in the past few years and she worries it is due to
contamination of the well.
She hopes Code can be changed to address the fact that there are residential
areas of one to five acres that have far too many livestock on them, and this is
intrusive to many other residents.
Commissioner Baney said that horse boarding is a business. She asked if that is
a commercial activity. There is a right to farm and have farm animals in rural
areas, but she is concerned about the humane piece as well as the ground
contamination piece.
Tom Anderson stated he has interacted with Ms. Faltus for years. When the
Comprehensive Plan was being reviewed, Ms. Faltus brought up this concern,
as did some citizens from south County. As a result, a notation was put in the
Comprehensive Plan for the County to address this in the future. A proposed
work plan comes to the Board each year. There have been a lot of staffing
reductions in Community Development, which has limited some of the work.
The Board has to prioritize which projects they are to undertake.
This afternoon CDD staff is going to update the Board on the status of the
current work plan. The proposed work plan for next fiscal year will be
addressed soon. This issue has the potential of being controversial because
some people don’t want the government to limit what they do. It will cause a
lively debate. There are ways to go with zoning, types of animals, or perhaps
numbers of animals per acre.
Septic issues are a Code violation that they take seriously. That neighbor had
Code enforcement action against them previously, which was addressed. If
there are a lot of people on the property, it can hasten septic system issues.
Ms. Faltus stated there are a lot of people coming and going and it is hard to tell
how many live there at any given time.
Commissioner DeBone thanked her for coming to the Board and making th ese
concerns known.
Ms. Faltus stated she had worked in planning previously and is willing to help if
she can. She said she has been threatened and feels she has no control over this
situation, but wants to do what she can.
Minutes of Board of Commissioners’ Business Meeting Wednesday, January 30, 2013
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Mr. Anderson said that Peter Gutowsky might be the primary contact for these
issues, and if she wants to volunteer her help. Commissioner Baney thanked
her for her efforts. Ms. Faltus said that she and the other neighbors would be
very grateful for any help they can get.
Commissioner DeBone stated he would like to get this into the queue for
discussion soon because it might be of broader interest.
3. Before the Board was Consideration of Signature of Document No. 2013-
020, Releasing a Development Agreement by and between the City of Bend,
Deschutes County and Cascade Highlands Limited Partnership regarding
Tetherow Destination Resort.
Will Groves stated that the obligations of the agreement have been fulfilled, and
this needs to be removed to clear title on the various properties .
BANEY: Move signature
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2013-
029, Amending the Cleaning Services Agreement for the Sheriff’s Office.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
5. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$11,684.81.
Minutes of Board of Commissioners’ Business Meeting Wednesday, January 30, 2013
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DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
6. Before the Board was Consideration of Signature of Letters:
Accepting the Resignation of David Creach, Jim Fields and Stu Otto, and
Thanking them for their Service on the Deschutes County Extension/4 -H
Service District Advisory Council
Reappointing Betty Faller and Chris Lawrence to the Deschutes County
Extension/4-H Service District Advisory Council
Accepting the Resignation of Kim Seely from the Deschutes County
Extension/4-H Service District Budget Committee
Appointing Katrina Van Dis to the Deschutes Co unty Extension/4-H Service
District Budget Committee
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $42,419.14.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $375,586.50.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
9. ADDITIONS TO THE AGENDA
Being no further discussion, the meeting adjourned at 10:20 a.m.
DATED this I ~Day of ~i 2013 for the
Deschutes County Board of Commissioners:
atCl--U«~
Alan Unger, Chair
Ta ~
ATTEST:
Anthony DeBone, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, January 30, 2013
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
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_ Submitting written documents as part of testimony? 0 Yes
To: Deschutes County Board of Commissioners
From: Joyce A. Faltus
Date: January 29, 2013
Re: Section 3.3 Rural Housing Policies, Goal 1, Policy 3.3.3(a)
Dear Commissioners:
Thank you for allowing me to address the Board with regard to our concerns. I request that you
communicate my concerns to the Planning Commission. Public speaking is NOT my forte in life, so I hope
that you will read my concerns and ask me questions.
Property Use in rural residential areas needs to be reviewed, especially when the area(s) in question are
more residential than rural. Noxious and/or offensive or unsightly conditions should not be permitted
where it becomes an annoyance or a nuisance to the neighbors.
Because of the following, I propose that the County limit the number of farm animals to one (1) per
usable acre.
Crooked River Ranch is more of a residential community than a rural community. Many retirees live
there. A majority of the parcels are 5+/-acre sites; generally ranging between 1 and 6 acres, and a few
10 acre parcels. I would say the majority of residents do not have farm animals, and many who do, have
1 or 2 horses for recreational trail riding. Those who do not have farm animals have to put up with fly
infestation during the warmer weather, and dust from dry manure, especially when the areas are not
taken care of properly (i.e. manure removal or spreading over the property).
Our neighbors (11405 NW Dove Road) not only rent rooms, but board horses. Currently, there are 14+/
horses on 5 acres, and at least 2 goats and I'm unsure if the pigs and sheep are still there. The owner
moved off site. Her daughter lives there with renters who come and go. It is very disturbing to see the
horses stand in mud most of the time, comprised of manure and urine. In addition, trucks pulling
trailers arrive at that site regularly during riding weather, to drop off or pick up horses, adding additional
traffic to a poorly maintained road.
I understand that both Deschutes and jefferson Soil and Water Conservation Districts receive funding
from the Oregon Department of Agriculture, and that one of the primary missions is to address livestock
pollution. Are you aware that flies pick up Giardia from manure, a parasite that is also rampant in
wildlife, and that people can pick it up from the flies, and it can live in the human digestive system,
causing illness. Manure and urine from 12-14 horses and goats can work into the soil and can also affect
the aquifer adversely, another possible cause of Giardia in humans. Websites warn people to minimize
contact with the feces of animals and to be careful when drinking from shallow wells. So septic leaks
can also become a health hazard.
If you are thinking I am not an animal lover, you are wrong. Prior to my husband's diagnosis of
colorectal cancer, I had a horse and a mule. When all the caregiver responsibilities, both inside and
outside, fell to me, I could no longer care for them properly and had to give them away. I cleaned 3-4
times a day, putting the manure in my compost bin and/or spreading it with the tractor (had an
attachment to break up and spread manure). I never let it pile up and turn into manure dust or build up
into foul odors, to prevent our horses from becoming annoying or a nuisance to neighbors.
Having lost my German Shorthaired Pointer and my German Wirehaired Pointer to cancer in 2010 and
2012 respectively, and my husband being diagnosed with colorectal cancer in 2010, I am very concerned
that the manure/urine mud from 14+/-horses and 2 goats, dogs, maybe they even still have sheep and
pigs, could pollute our aquifer, especially where our wells are not very deep (272'). In addition the
septic system/drainfield on the neighboring property (11405 NW Dove) was recently replaced (ordered
by D.C.) and from what I hear, is failing near the house (could it be that the additional bathroom in the
POD, or heavy use of the washing machine, or bathing by so many people was too much for the
system)? The septic was done by the homeowner's son, rather than being done professionally. The
original septic system was approved for a 3 bedroom home and, since then, a POD was added on to the
manufactured home with 2 additional bedrooms (\ was told a bedroom and sewing room). Neighbors
who have been in the POD tell us that there is a kitchen and bathroom in the POD. There was an
apartment started above the barn they were building but D.C. forced its removal as, with the apartment,
it was no longer just an Ag building. The apartment had 200 wiring and was designed for a kitchen and
bathroom too, with sliding doors to the deck, etc. Most certainly not a hay loft. The so-called barn still
stands unused and looks ready to fall down. The permit, taken out in 2006, has long expired, and it has
become a neighborhood eyesore.
In August, 2009, the neighbors appeared again before Judge Haslinger about the improprieties with
their permit. The neighbors were appearing before her numerous times and her patience was wearing
thin. She was seriously upset. I'd written her a letter to address some ofthe issues with the well and
drainfield/septic because my husband and I, and 2 of our 3 dogs had been battling diarrhea steadily for
2 weeks. People who knew of our suffering, suggested that septic systems often fail from overuse.Tom
Anderson had emailed me that day, explaining "That the septic system had essentially reached the
end of its effective life." He said, "We can't be certain that the additional bathroom in the accessory
building caused the failure, but it likely contributed to it. (His stressing of the underlined words, not
mine.) The drainfield is swamped and there is effluent surfacing. They will need to use their approved
reserve area and install a new drainfield. There is sufficient area in reserve for this purpose. Our septiC
permitting staff is in ongoing contact with the property owner at the present time in guiding them
....s.'v~
through the necessary repair/replacement work. " And now, thre'e years later, the septic system, we
heard, is again failing. I'm sure the number of people residing there, and the number of livestock
contribute to this failure, thereby contributing to our fear of contaminated well water.
To put it simply, 14+/-horses on 5 acres (only approximately 3 of them are usable. while the rest is
down the bluffi, abutting our property to the north and another to the south, has become an
annoyance and nuisance to us, and to others. Mostly, the fear of contamination to our
groundwater/aquifer is a health concern.
We share the 272' well with them. This well served only 2 adults, 2 horses, 2 dogs and a cat on our
property when we built here -now, only 2 adults and 1 dog and 1 cat. It also served 2 (sometimes 3)
adults, 2 or 3 horses and lots of dogs on the abutting property when we moved here in 2004-05. Now it
serves many renters (we have no idea just how many people or who is living next door from day to day,
except for the number of cars/trucks/trailers coming and going, which is frightening) , 12-14 horses,
goats, dogs, and I'm not sure if the pigs or sheep are still there. (It is very frightening to have so many
strangers come and go, which forced us to install an ADT system).
So, besides the annoyance from the odors and the flies, and the traffic from people who board horses
there, we are very concerned about the urine/manure seeping into the groundwater and affecting our
aquifer. As it is, with all the people living there (owner does not live there any longer) the well is over
taxed with showers, baths, laundry, etc.
Once again, I ask that you communicate our concerns and proposal to the Planning Commission. I would
be available and honored to help in any way I could.
l
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JANUARY 30, 2013
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 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 ofa public
hearing will NOT be included in the official record ofthat hearing.
3. CONSIDERATION of Signature of Document No. 2013-020, Releasing a
Development Agreement by and between the City of Bend, Deschutes County
and Cascade Highlands Limited Partnership regarding Tetherow Destination
Resort -Will Groves, Community Development
Suggested Action: Move signature ofDocument No. 2013-020.
CONSENT AGENDA
4. Signature of Document No. 2013-029, Amending the Cleaning Services
Agreement for the Sheriffs Office
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
5. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
Board of Commissioners' Business Meeting Agenda Wednesday, January 30, 2013
Page 1 of6
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
6. CONSIDERATION of Signature of Letters:
• Accepting the Resignation of David Creach, Jim Fields and Stu Otto, and
Thanking them for their Service on the Deschutes County Extensionl4-H
Service District Advisory Council
• Reappointing Betty Faller and Chris Lawrence to the Deschutes County
Extensionl4-H Service District Advisory Council
• Accepting the Resignation of Kim Seely from the Deschutes County
Extensionl4-H Service District Budget Committee
• Appointing Katrina Van Dis to the Deschutes County Extensionl4-H Service
District Budget Committee
7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
9. ADDITIONS TO THE AGENDA
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' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners' Business Meeting Agenda Wednesday, January 30, 2013
Page 2 of6
Monday, January 28
8:00 a.m. Annual Board Retreat, all day, at Solid Waste Conference Room
Wednesday, January 30
10:00 a.m. Board of Commissioners' Business Meeting
1 :00 a.m. Grand Opening, Veterans' Affairs Clinic, 2650 Courtney Dr.
2:00 p.m. Administrative Work Session could include executive session(s) -note later time
Thursday, January 31
8:00 a.m. CERF (Center for Economic Research and Forecasting) Conference -Riverhouse
Monday, February 4
10:00 a.m. Board of Commissioners' Business Meeting
12:00 noon (Tentative) Advisory Committee on Court Security -Courthouse
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, February 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, February 13
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, February 18
Most County offices will be closed to obsenJe Presidents' Day
Wednesday, February 20
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 Wednesday, January 30, 2013
Page 3 of6
Monday, February 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, February 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, March 4
10:00 a.m. Board of Commissioners' Business Meeting
I :30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, March 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, March 13
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, March 18
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, March 25
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 Wednesday, January 30, 2013
Page4of6
Wednesday, March 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Monday, April 1
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, April 3
10:00 a.m. Board of Commissioners' Business Meeting
1 :30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, April 10
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, April 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Monday, April 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, April 24
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 Wednesday, January 30,2013
Page 5 of6
Monday, April 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Wednesday, May 1
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
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 Wednesday, January 30, 2013
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