HomeMy WebLinkAbout2014-10-27 Business Meeting Minutes
Minutes of Board of Commissioners’ Business Meeting Monday, October 27, 2014
Page 1 of 4
For Recording Stamp Only
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
MONDAY, OCTOBER 27, 2014
_____________________________
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
__________________________
Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; David Doyle and Laurie Craghead, County Counsel; Peter
Gutowsky and Peter Russell, Community Development; and seven other citizens.
Chair Baney opened the meeting at 10:00 a.m.
__________________________
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Don Senecal of Jericho Road, Redmond, presented information on the group.
They provide food to needy individuals and families. Each year the demand
grows, and they are focusing on students whose families live below the poverty
level. They are now offering an ‘adoption’ program whereby citizens commit
to support students on a monthly basis.
The other program areas are Jericho Table, under which they provide hot meals.
The Redmond Grange will be the site of future meals, and Tate & Tate Catering
is supporting this program.
Minutes of Board of Commissioners’ Business Meeting Monday, October 27, 2014
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Jericho Road also provides packages for people who need supplies for
showering and personal hygiene; and also help the pets of Redmond residents in
need, and have distributed bicycles to those who need them for transportation.
They have an emergency program to help with housing, fuel and other basic
needs.
They have partnered with other groups to deal with unemployment and loss of
housing. They have 150 people volunteering on a regular basis. Fourteen
churches support the work of Jericho Road.
In 2014 there was a new and unique partnership, with Ridgeview High School
sponsoring the empty bowls project to help the hungry. The school produced
the bowls and will provide the soups. Jericho Road is thankful for the support
of the County.
Commissioner Unger thanked the group with this hard work. He attended the
last empty bowls event, but wants to see even more people engaged. Chair
Baney said this underscores what a community can do for its citizens. The
group received the Governor’s community award in the past for what it has
done. She acknowledged Mr. Seneca’s milestone birthday today as well, with a
card signed by the Board.
3. Before the Board was the Presentation of the Oregon Mountain River
Chapter of the Red Cross Certificate of Appreciation to the County.
Larry Medina and Linda Zivney of the board of the local chapter of the
American Red Cross came before the Board. Just this weekend they helped
Madras residents who were displaced due to a fire there, and they assisted
during the Two Bulls fire earlier in the year. He presented an award to the
County in thanks for its support.
Chair Baney said she was with the OTC and this is the hot zone, to develop
resiliency in disasters. It is important that this organization remain strong.
Ms. Zivney said that there an event tomorrow night at the Tower Theater to
help prepare for earthquakes.
Commissioner Unger stated that they do important work that the County cannot
handle by itself. The work that this group does is critical.
Minutes of Board of Commissioners’ Business Meeting Monday, October 27, 2014
Page 3 of 4
4. Before the Board was a Public Hearing and Consideration of First and
Second Readings by Title Only and Adoption, by Emergency, of Ordinance
2014-026, Amending Title 18, the Deschutes County Zoning Map to Add
the Zoning Districts for the Bend Airport.
Chair Baney and Peter Russell read the opening statement. The Commissioners
had no conflicts of interest to disclose, and there were no challenges from the
audience.
Mr. Russell gave an overview of the Ordinance and explained the reasons for an
emergency adoption. (He referred to a PowerPoint presentation.)
Bend Airport was a World War II training base starting in 1942, and has been
used as an airport since then. He said that due to a third-party scrivener’s error
and other oversights, the map does not match the uses in the zone. There has
been no disruption of the current uses, and there are no new uses proposed, but
there will be a full airport master plan to come before the Board next year,
through the City of Bend.
Damian Syrnyk said the City supports the Ordinance and this will help match
the zone with the map in an appropriate way.
Commissioner Unger asked if any current uses are at risk. Gary Firestone, City
Attorney, stated there had been no appeals so these decisions are not subject to
change. The status is arguable these are legal non -conforming uses, but the
argument from the City that they are conforming because they were allowed in
this fashion. Regarding the emergency request, the City has had a lot of
discussions and some interest and some projects have been put on hold due to
the mapping error. They want to be able to address these requests.
Mr. Firestone stated that the only entities aware of this change are those that
have come to them with applications. Everyone who has something pending or
how has inquired will be kept informed. Commissioner DeBone stated that the
framework for past approvals have not changed.
There was no further testimony, so the hearing was closed. Commissioner
Unger feels the emergency clause is justified. Commissioner DeBone agreed.
DEBONE: Move first and second readings by title only.
UNGER Second.
VOTE: DEBONE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the first and second readings by title only.
UNGER: Move adoption of Ordinance No. 2014-026 by emergency.
DEBONE: Second.
VOTE: UNGER: Yes.
DEBONE: Yes.
BANEY: Chair votes yes.
5. ADDITIONS TO THE AGENDA
None were offered.
Being no other items brought before the Board, the meeting adjourned at
10 :40 a.m.
DATEDthis /J1!::-Dayof ~ 2014 for the
Deschutes County Board of Commissioners.
Tam
Anthony DeBone, Vice Chair
ATTEST:
Alan Unger, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Monday, October 27 ,2014
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Opening Statement for Legislative Public Hearing
This is a public hearing on Ordinance No. 2014-026, File Number 247-14-000156-ZC. The
proposal formally corrects a scrivener’s error for the Airport Development (AD) zone and
re-adopts the zoning map for the AD zone, re-establishing the Airfield Operations (AO),
Aviation Support (AS), and Airport Related Industrial District (ARID) zones at the City of
Bend Municipal Airport.
The Board of County Commissioners will hear oral testimony, receive written testimony,
and consider the testimony submitted at this hearing. The hearing is also being taped.
The Board may make a decision on this matter today, continue the public hearing to a date
certain, or leave the written record open for a specified period of time.
The hearing will be conducted in the following order. The staff will give a report on this
issue. We will then open the hearing to all present and ask people to present testimony at
one of the tables or at the podium. You can also provide the Commission with a copy of
written testimony.
Opening Statement for Legislative Public Hearing (con’t.)
Questions to and from the Chair may be entertained at any time at the Chair’s discretion. Cross-
examination of people testifying will not be allowed. However, if any person wishes to ask a question
of another person during that person’s testimony, please direct your question to the Chair after being
recognized. The Chair is free to decide whether or not to ask such questions of the person testifying.
Prior to the commencement of the hearing any party may challenge the qualifications of any
Commissioner for conflict of interest. This challenge must be documented with specific reasons
supported by facts.
Should any Commissioner be challenged, the member may disqualify himself or herself, withdraw from
the hearing or make a statement on the record of their capacity to hear and decide this issue.
At this time, do any members of the Commission need to set forth any information that may be
perceived as a conflict of interest? I will accept any challenges from the public now. Hearing none, the
public hearing is open.
Applicable Criteria
Title 18, Deschutes County Zoning
Title 22, Deschutes County Development Procedures
Title 23, Deschutes County Comprehensive Plan
Deschutes County Transportation System Plan (Section 3.7 of Comprehensive Plan)
Statewide Planning Goals
Transportation Planning Rule (Oregon Administrative Rule 660-012)
Airport Planning Rule (Oregon Administrative Rule 660-013)
Deschutes County Board of County Commissioners
Oct. 27, 2014, Public Hearing on Ord. 2014-026
Ordinance 2014-026 (File 247-14-000156-ZC)
repairs two recently discovered land use
errors at the City of Bend Municipal Airport:
The Airport Development (AD) zone’s northern
boundary was shifted to the south due to a third-
party scrivener’s error
The Airfield Operations (AO), Aviation Support (AS),
and Aviation-Related Industrial District (ARID) zoning
maps were not correctly adopted in 2003, meaning
the zones cannot be administered
Setting the AD zone’s original boundaries
BOCC Ord. 80-221 creates AD zone
BOCC Ord. 80-222 grants an exception to Goal 3
(Agriculture) and provides written and mapped
descriptions of the property
BOCC Ord. 82-031 maps AD zone
All three show entire 340 acres of Bend Airport
are zoned AD
The AD zone scrivener’s error:
In the mid-1990s a third party did the digitizing
as the County shifted from paper to electronic
maps
As a result of the error, the AD’s northern
boundary was inadvertently moved to the south
AD zone scrivener’s error (con’t.)
16 acres on NE side of airport then incorrectly
mapped as Exclusive Farm Use (EFU); zoning
should be AD
Error not noticed in 1994, 2002, or 2012 updates
of Bend Airport Master Plan
Error found in March 2014
Saga of AO, AS, and ARID subzones:
Identified in 2002 Bend Airport Master Plan Update
BOCC Ord. 2003-36 repeals in its entirety existing
Deschutes County Code (DCC) 18.76, which is the
AD zone
BOCC Ord. 2003-036 replaces AD text, adding three
new subzones, AO, AS, and ARID at 18.76.070
through 090
Maps for AO, AS, and ARID zones are not adopted
correctly, which is not discovered until March 2014
Saga of AO, AS, ARID subzones (con’t.):
Only AD zone (18.76.030) is now in effect at
Bend Airport
For 10 years County has processed land use as if
AO, AS, and ARID subzones were in effect
Under current AD zone, no aviation uses are
allowed; 18.76.030 only allows certain road
projects, irrigation operations, and farm uses
Saga of AO, AS, ARID subzones (con’t.):
BOCC Ord. 2014-026 (File 247-14-000156-ZC) re-
establishes the AO, AS, and ARID zones in the
intended 2003 locations
No new uses at the Bend Airport nor existing
uses in new locations under BOCC Ord. 2014-026
County has not received any land use
applications at the Bend Airport since this error
was discovered
AD = Red line
AO = Light gray
AS = Blue
ARID = Dark gray
Board of Commissioners’ Business Meeting Agenda Monday, October 27, 2014
Page 1 of 4
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., MONDAY, OCTOBER 27, 2014
_____________________________
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 of a public
hearing will NOT be included in the official record of that hearing.
3. PRESENTATION of a Oregon Mountain River Chapter of the Red Cross
Certificate of Appreciation to the County - Linda Zivney and Larry Medina,
Red Cross
4. PUBLIC HEARING, and Consideration of First and Second Readings by
Title Only and Adoption, by Emergency, of Ordinance 2014-026, Amending
Title 18, the Deschutes County Zoning Map to Add the Zoning Districts for the
Bend Airport – Peter Russell, Community Development
Suggested Actions: Open hearing and take testimony; close hearing; move first
and second readings by title only; move adoption by emergency.
5. ADDITIONS TO THE AGENDA
Board of Commissioners’ Business Meeting Agenda Monday, October 27, 2014
Page 2 of 4
_________ ______________________________________
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, please call (541) 388-6571, or send an e-mail to sharon.ross@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’ meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
_________ ______________________________________
Monday, October 27
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Wednesday, October 29
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Monday, November 3
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, November 4
3:30 p.m. Local Public Safety Coordinating Council Meeting
5:00 p.m. County College – Graduation; Election Night
Wednesday, November 5
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 Monday, October 27, 2014
Page 3 of 4
Thursday, November 6
8:00 a.m. Joint Meeting with the Sisters City Council, Sisters City Hall
9:30 a.m. Performance Management Meeting – Sheriff’s Office Part II, at the Sheriff’s
11:00 a.m. Tri-County Commissioner Meeting – Redmond (Fair & Expo Center)
Tuesday, November 11
Most County offices will be closed to observe Veterans’ Day
Wednesday, November 12
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Thursday, November 13
12 noon Audit Committee Meeting
Monday, November 24
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Thursday, November 27
Most County offices will be closed to observe Thanksgiving
Friday, November 28
Most County offices will be closed (unpaid day)
Monday, December 1
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, December 2
3:30 p.m. Local Public Safety Coordinating Council Meeting
6:30 p.m. Joint Meeting with Redmond City Council, Redmond City Hall
Board of Commissioners’ Business Meeting Agenda Monday, October 27, 2014
Page 4 of 4
Wednesday, December 3
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Wednesday, December 10
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Monday, December 15
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Tuesday, December 16
10:00 a.m. 911 Executive Board Meeting, at 911
Thursday, December 25
Most County offices will be closed to observe Christmas
Monday, December 29
10:00 a.m. Board of Commissioners’ Business Meeting
1:30 p.m. Administrative Work Session – could include executive session(s)
Wednesday, December 31
1:30 p.m. (Tentative) Administrative Work Session
Thursday, January 1
Most County offices will be closed to observe New Years’ Day
_________ ______________________________________
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, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org.
_________ ______________________________________