1
00:00:04,660 --> 00:00:08,600
Thank you for your patience. We have a little slow stroll this morning. Happy

2
00:00:08,600 --> 00:00:12,580
Wednesday. I'd like to welcome you to the Deschutes County Board of Commissioners meeting for June

3
00:00:13,140 --> 00:00:15,680
14th. We please join us with the Pledge of Allegiance.

4
00:00:15,680 --> 00:00:16,500
I

5
00:00:18,960 --> 00:00:24,880
pledge allegiance to the flag of the United States of America and to the Republic for

6
00:00:24,880 --> 00:00:31,220
which it stands, one nation under God, and to the soul, the liberty and justice for all.

7
00:00:34,430 --> 00:00:40,310
Okay, we have a number of items on our agenda today, and if you have want to approach the

8
00:00:40,310 --> 00:00:45,010
board on any item that is on the agenda, I do need one of these cards there located

9
00:00:45,010 --> 00:00:50,610
by the door to be filled out, and I have a number of you who are interested in marijuana

10
00:00:50,610 --> 00:00:56,550
regulations and code enforcement, and we will be taking that up during the work plan item

11
00:00:56,550 --> 00:01:03,290
on our agenda, and then I do have an individual, Mr. Duel, who is interested in the outdoor

12
00:01:03,290 --> 00:01:03,970
mass gathering.

13
00:01:04,570 --> 00:01:07,010
Next on our agenda is citizen input.

14
00:01:07,170 --> 00:01:11,090
If anyone would like to approach the board on any item that is not on the agenda,

15
00:01:11,630 --> 00:01:19,810
Most items are on today's agenda, but if there happens to be one that we don't have and you would like to approach the board on that, I'd like to open that the floor to you now.

16
00:01:20,570 --> 00:01:25,090
Okay. Seeing none, we will go on to the consent agenda and I understand we have a couple of adjustments.

17
00:01:25,530 --> 00:01:31,670
I'd like to move to item number two to the action item.

18
00:01:31,670 --> 00:01:36,630
I just like to have kind of a review of the sale of real property and just to update on that.

19
00:01:36,630 --> 00:01:37,030
Okay.

20
00:01:37,030 --> 00:01:43,010
And then the approval of the number item six, I'd like to bring back to another meeting

21
00:01:43,010 --> 00:01:44,470
on the approval of minutes for that day.

22
00:01:44,750 --> 00:01:45,110
Excellent.

23
00:01:45,590 --> 00:01:45,630
Okay.

24
00:01:46,790 --> 00:01:47,510
Do we have?

25
00:01:47,910 --> 00:01:49,050
I'll support that.

26
00:01:49,550 --> 00:01:49,570
Okay.

27
00:01:49,590 --> 00:01:49,910
Excellent.

28
00:01:50,370 --> 00:01:51,830
So is that a motion to?

29
00:01:52,010 --> 00:01:53,770
Yeah, I move to do those.

30
00:01:54,070 --> 00:01:54,130
Yeah.

31
00:01:54,410 --> 00:01:58,850
Number two to the action item, move pull six from today's agenda for another meeting.

32
00:01:59,150 --> 00:01:59,970
And I'll second that efficiently.

33
00:02:00,290 --> 00:02:00,630
Okay.

34
00:02:00,850 --> 00:02:04,650
So the consent agenda minus item two and six.

35
00:02:04,650 --> 00:02:04,770
Yes.

36
00:02:05,730 --> 00:02:05,990
Commissioner Henderson.

37
00:02:06,490 --> 00:02:06,690
Yes.

38
00:02:06,970 --> 00:02:07,850
Commissioner Nabone.

39
00:02:07,990 --> 00:02:08,150
Yes.

40
00:02:08,330 --> 00:02:09,070
And Chair votes yes.

41
00:02:09,750 --> 00:02:15,850
So item number two, consideration of signature of order number 2017-015 confirming and approving

42
00:02:15,850 --> 00:02:16,870
sale of real property.

43
00:02:17,250 --> 00:02:18,790
Mr. Lewis, come on down.

44
00:02:23,640 --> 00:02:24,660
Good morning, commissioners.

45
00:02:25,620 --> 00:02:27,380
Just a brief background on this item.

46
00:02:29,080 --> 00:02:36,660
As required by statute, we conducted our surplus property auction on May 19th by

47
00:02:36,660 --> 00:02:39,820
virtue of board order that approved that auction going forward.

48
00:02:40,560 --> 00:02:44,600
Post auction, we need to come back to you for approval and closure of that sale.

49
00:02:45,060 --> 00:02:46,260
So that's what's before you today.

50
00:02:46,460 --> 00:02:54,340
There were 20 properties that sold at the auction for a total of $687,550 of that amount.

51
00:02:54,700 --> 00:02:56,840
The majority goes back to the taxing districts.

52
00:02:57,160 --> 00:03:01,700
There's only some that's left out to pay for administrative costs or costs to hold

53
00:03:01,700 --> 00:03:04,060
that property and to manage that property.

54
00:03:04,800 --> 00:03:07,060
Like I said, the remainder goes back to the tax and district.

55
00:03:07,260 --> 00:03:11,960
So at this point, we're here to seek your approval and closure of that sale.

56
00:03:12,800 --> 00:03:13,200
Excellent.

57
00:03:13,700 --> 00:03:13,920
Please.

58
00:03:15,040 --> 00:03:19,180
I just had a couple of questions because we'd gone through the properties and approved

59
00:03:19,180 --> 00:03:20,100
which ones we're going to be sold.

60
00:03:20,180 --> 00:03:24,560
I was kind of curious on how you thought the – several things you can just kind

61
00:03:24,560 --> 00:03:25,040
of answer at once.

62
00:03:25,180 --> 00:03:26,900
One, how you thought the sale went.

63
00:03:27,240 --> 00:03:29,680
I was curious how many people went to it.

64
00:03:29,680 --> 00:03:34,320
But I noticed quite a few of them seem to go kind of at their minimum bid, which kind

65
00:03:34,320 --> 00:03:35,000
of surprised me.

66
00:03:35,280 --> 00:03:37,020
The minimum bid is quite a bit below its ass.

67
00:03:37,200 --> 00:03:41,140
I know a lot of these are maybe not developable lots, so just some comments on that.

68
00:03:41,340 --> 00:03:47,240
And then I noticed there was several that were removed or there was a couple that had

69
00:03:47,240 --> 00:03:47,680
no bid.

70
00:03:47,860 --> 00:03:49,620
So I just wondered what was going on there.

71
00:03:49,800 --> 00:03:51,220
Just kind of an update on those things.

72
00:03:51,420 --> 00:03:51,540
Yeah.

73
00:03:52,660 --> 00:03:54,140
The auction was very well attended.

74
00:03:54,380 --> 00:03:58,640
We had both of these rooms with the curtain open back there that were completely full,

75
00:03:58,640 --> 00:04:03,780
So we have about 100 people in attendance, but about 50 people that were registered to

76
00:04:03,780 --> 00:04:03,960
bid.

77
00:04:04,740 --> 00:04:09,820
Most people come and they are interested in a specific property as close to them, it's

78
00:04:09,820 --> 00:04:12,720
next door to them, or they see it as an investment property.

79
00:04:13,660 --> 00:04:20,980
Originally, you're correct, we had 25 properties that were, that we established for the auction.

80
00:04:21,520 --> 00:04:23,120
Three of those properties were pooled.

81
00:04:23,440 --> 00:04:27,940
One of those was one that we are in the process, let me back up a second, is that

82
00:04:27,940 --> 00:04:31,700
But we have to look at these properties back in December so that we can bring them to you

83
00:04:31,700 --> 00:04:35,620
with enough time to do the public noticing prior to the auction.

84
00:04:36,100 --> 00:04:40,440
During that time, one of the properties we were cleaning up, we intended to have it all

85
00:04:40,440 --> 00:04:44,200
cleaned up, but during our work crew going out there they found hazardous waste.

86
00:04:44,520 --> 00:04:49,200
There was a lot of needles and the like on that property, so we have to have a hazardous

87
00:04:49,200 --> 00:04:49,880
waste crew.

88
00:04:50,000 --> 00:04:53,240
So we were not going to have that done in time for the auction, so we pulled

89
00:04:53,240 --> 00:04:53,980
that from the auction.

90
00:04:53,980 --> 00:05:00,100
Two others in our dial system, there was an incorrect address that was associated with

91
00:05:00,100 --> 00:05:05,960
that, so when we did the first order and we publicized this, there was an incorrect information

92
00:05:05,960 --> 00:05:06,360
in there.

93
00:05:06,440 --> 00:05:09,900
So we had to pull that because it was not correctly identified, so legally we had to pull that.

94
00:05:10,280 --> 00:05:11,660
So those were the three that were pulled.

95
00:05:12,360 --> 00:05:18,900
The two that did not sell, one of them is a property with an older manufactured

96
00:05:19,520 --> 00:05:29,440
We were, the minimum bid on that was $100,800, and that may have just been a little bit out of line in its location as to what people wanted to pay.

97
00:05:30,420 --> 00:05:35,320
And the other was a lower price property, just nobody was interested in that property.

98
00:05:35,900 --> 00:05:42,240
The remainder, many of them sell for right around the minimum bid that's established.

99
00:05:42,820 --> 00:05:46,460
The minimum bid is established by virtue of a broker's price opinion.

100
00:05:46,460 --> 00:05:50,780
If we have an exceptional property, we'll get an appraisal on it, but we use a broker's

101
00:05:50,780 --> 00:05:51,360
price opinion.

102
00:05:52,180 --> 00:05:55,380
And they look at that as if they were listing the property, what would they list it for?

103
00:05:55,640 --> 00:06:00,440
And then historically, the county has backed off to 80% of that broker's price opinion

104
00:06:00,440 --> 00:06:01,740
as the minimum bid.

105
00:06:02,220 --> 00:06:07,020
And typically, these will sell right about the minimum bid or they will go up to just

106
00:06:07,020 --> 00:06:09,660
about what that broker's price opinion is, which is the market value.

107
00:06:11,340 --> 00:06:19,880
In those sales, though, when you look at that minimum bid amount, that minimum bid covers the taxes that were due on the property.

108
00:06:20,060 --> 00:06:26,900
So when we forfeited taxes by virtue of getting these properties back, these minimum bids cover those taxes and any penalties.

109
00:06:26,900 --> 00:06:29,160
So we're actually making money.

110
00:06:29,600 --> 00:06:33,120
But when I say making money, again, you have to remember that we do not.

111
00:06:33,580 --> 00:06:37,080
It's not revenue that comes to the county for general fund.

112
00:06:37,080 --> 00:06:43,080
It just goes back to the taxing districts to make up for what they've lost and delinquency

113
00:06:43,080 --> 00:06:43,800
on these properties.

114
00:06:45,020 --> 00:06:53,100
In terms of, you said about 50 people bid, but on these individual lots, I noticed there

115
00:06:53,100 --> 00:06:56,760
are close to minimum where you're seeing just a couple people bidding on those, that

116
00:06:56,760 --> 00:06:59,640
there are people that have to know that neighborhood or know that spot.

117
00:06:59,640 --> 00:06:59,800
Yes.

118
00:07:00,080 --> 00:07:05,780
It's usually somebody that's in that area, or you'll get a couple people in that

119
00:07:05,780 --> 00:07:07,900
that area that went a bit on those properties.

120
00:07:08,500 --> 00:07:09,900
And many of these lower-priced properties

121
00:07:09,900 --> 00:07:12,140
were in that area of the county between Sun River

122
00:07:12,140 --> 00:07:16,240
and Lapine, where we have a prevalence of high groundwater

123
00:07:16,240 --> 00:07:21,000
and there is no possibility to get an onsite sanitary system.

124
00:07:21,320 --> 00:07:23,040
So hence, the price is low.

125
00:07:23,640 --> 00:07:25,700
That is pretty comparable with private properties

126
00:07:25,700 --> 00:07:27,180
that you see in that area as well.

127
00:07:27,280 --> 00:07:30,500
The price is low because of the inability to develop.

128
00:07:32,000 --> 00:07:34,820
Any other surprises or thoughts on?

129
00:07:35,440 --> 00:07:43,080
Well, I mean the one outstanding property was the one that we had up on Trenton Avenue on the west side of Bend here.

130
00:07:43,760 --> 00:07:50,360
It's an older home built in 1959-60. It's sold for $395,000.

131
00:07:51,020 --> 00:07:55,260
And so effectively the home on there was a tear down.

132
00:07:55,260 --> 00:08:01,060
when you look at the home, especially after the windstorm and the tree fell on the home.

133
00:08:01,700 --> 00:08:04,320
So it was an investment property for redevelopment

134
00:08:04,320 --> 00:08:07,800
and it went for substantially more than what we expected.

135
00:08:08,300 --> 00:08:10,920
But again, all that money goes back to the call for the tax.

136
00:08:11,200 --> 00:08:11,600
Yep.

137
00:08:12,040 --> 00:08:13,160
It's great to get it back on the books.

138
00:08:13,360 --> 00:08:13,660
Thank you.

139
00:08:14,240 --> 00:08:14,560
Thank you.

140
00:08:14,620 --> 00:08:14,840
Excellent.

141
00:08:15,080 --> 00:08:15,340
Thank you.

142
00:08:16,040 --> 00:08:18,600
So I would welcome a motion for that particular item if you feel ready.

143
00:08:18,600 --> 00:08:27,940
I move approval confirming and approving the sale of real property order number 2017, day

144
00:08:27,940 --> 00:08:28,660
015.

145
00:08:29,260 --> 00:08:29,520
Second.

146
00:08:29,880 --> 00:08:30,080
Okay.

147
00:08:30,260 --> 00:08:31,760
For the discussion, Commissioner Henderson.

148
00:08:32,120 --> 00:08:32,260
Yes.

149
00:08:32,480 --> 00:08:33,060
Commissioner DeBone.

150
00:08:33,260 --> 00:08:33,340
Yes.

151
00:08:33,560 --> 00:08:34,140
Chair votes yes.

152
00:08:35,000 --> 00:08:35,400
All right.

153
00:08:36,320 --> 00:08:42,420
Moving on to item nine, a reading of a proclamation declaring June 15, 2017 as elder abuse awareness

154
00:08:42,420 --> 00:08:42,860
day.

155
00:08:43,560 --> 00:08:45,600
And do we have Heather with us today?

156
00:08:47,060 --> 00:08:50,660
Oh, gosh, the whole team. Come on over. All right, yes, please. Thank you.

157
00:08:57,120 --> 00:08:58,420
Hello, nice to see you again.

158
00:08:59,520 --> 00:09:02,480
I didn't know if you're kind of hiding in there. Hello.

159
00:09:03,140 --> 00:09:05,980
So please introduce yourselves for the record and I'll turn it over to you.

160
00:09:07,380 --> 00:09:10,820
My name is Danny Kup. I'm an investigator with Adult Protective Services.

161
00:09:11,660 --> 00:09:15,240
I'm Hannah Miller. I screen for Adult Protective Services.

162
00:09:15,580 --> 00:09:18,560
Great. I am Patty Thompson. I'm an investigator.

163
00:09:19,560 --> 00:09:20,820
Curtis Taylor, an investigator.

164
00:09:21,340 --> 00:09:24,220
Excellent. Okay. Who's leading us off?

165
00:09:25,320 --> 00:09:26,060
All of us.

166
00:09:26,300 --> 00:09:33,660
Okay, great. So tell us about, just in brief, the work that you do and why this is an important thing for us to be considering today.

167
00:09:34,660 --> 00:09:43,180
I can start off briefly with what we kind of do. So there's six of us investigators. We work a pretty wide range.

168
00:09:43,180 --> 00:09:49,940
Jefferson, Deschutes, Crick County, and then we also work some of the rural areas that connect

169
00:09:49,940 --> 00:09:55,100
with Flosco, Wheeler, Lake County, Klamath County that are a little bit further out of

170
00:09:55,100 --> 00:09:56,900
reach from other offices.

171
00:09:58,560 --> 00:10:04,540
We do community-based elder and disabled individual investigations in the community

172
00:10:04,540 --> 00:10:08,800
as well as all state-regulated care facilities.

173
00:10:08,800 --> 00:10:12,840
So that's kind of briefly what we do.

174
00:10:14,420 --> 00:10:16,420
What does it matter to your clients?

175
00:10:17,240 --> 00:10:17,680
What is it?

176
00:10:18,540 --> 00:10:20,660
I'm throwing you a softball, so tell me,

177
00:10:20,860 --> 00:10:24,280
or even an example of what a day is like for you

178
00:10:24,280 --> 00:10:25,880
and the importance of the work.

179
00:10:27,140 --> 00:10:31,980
So we investigate allegations of physical abuse,

180
00:10:32,560 --> 00:10:34,680
self-neglect, neglect, sexual abuse,

181
00:10:35,300 --> 00:10:36,280
financial exploitation.

182
00:10:37,200 --> 00:10:44,140
We go out into the community, we usually go out on a screening call that's been an allegation

183
00:10:44,140 --> 00:10:51,140
in a certain household or in a facility and we step into the investigation asking questions

184
00:10:51,140 --> 00:10:57,680
of the victim, talking to the perpetrator, assessing whether or not this is something

185
00:10:57,680 --> 00:11:01,800
that rises to the level that should be pushed forward into a criminal case.

186
00:11:01,800 --> 00:11:07,240
We work closely with Deschews County, the DA's office, and also with law enforcement

187
00:11:07,240 --> 00:11:15,530
to make sure that the perpetrator and the victim are either made whole or answered for

188
00:11:15,980 --> 00:11:19,400
their allegation.

189
00:11:20,160 --> 00:11:21,680
So it's really important.

190
00:11:22,160 --> 00:11:27,540
We average about 115 calls a month, about 65 of those get screened in.

191
00:11:28,180 --> 00:11:34,700
So, we stay pretty busy just making sure that the victims know that we're there for them

192
00:11:34,700 --> 00:11:40,280
and we continue to have an open kind of dialogue with them even once the investigation is over

193
00:11:40,280 --> 00:11:43,100
just in case there's something that continues to come up.

194
00:11:43,540 --> 00:11:44,760
I bet that's empowering.

195
00:11:45,480 --> 00:11:45,840
Yeah.

196
00:11:46,420 --> 00:11:46,700
Great.

197
00:11:47,340 --> 00:11:48,140
We have comments.

198
00:11:48,520 --> 00:11:49,760
We can dive right in.

199
00:11:49,940 --> 00:11:50,840
Thank you for your service.

200
00:11:51,460 --> 00:11:52,120
Thank you.

201
00:11:52,220 --> 00:11:52,480
Thank you.

202
00:11:52,500 --> 00:11:53,160
I'll go ahead.

203
00:11:54,180 --> 00:11:54,700
Okay.

204
00:11:55,260 --> 00:11:57,020
I'll read the proclamation.

205
00:11:57,020 --> 00:12:04,380
So before the Board of Commissioners of Deschutes County, this is a proclamation declaring June 15, 2017 as Elder Abuse Awareness Day.

206
00:12:05,080 --> 00:12:14,280
Thousands, whereas thousands of vulnerable seniors and people with disabilities are victimized every year by financial exploitation, physical, sexual or emotional abuse or neglect.

207
00:12:14,280 --> 00:12:28,720
And whereas elder abuse happens to men and women of all income levels, all cultural and ethnic backgrounds, whether they are in good health or incapacitated in some way, in poor neighborhoods, and in suburbia.

208
00:12:29,300 --> 00:12:38,060
And whereas these incidents of abuse and neglect take place in the home and in facilities and are perpetrated by family members, friends, caregivers, and strangers.

209
00:12:38,060 --> 00:12:48,260
And whereas elder abuse is grossly underreported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid.

210
00:12:48,920 --> 00:13:02,560
And whereas signs of animal abuse and neglect are an early warning sign of a senior's need for assistance, all citizens are encouraged to work together in reporting animal cruelty for the welfare and safety of our vulnerable citizens and people with disabilities.

211
00:13:02,560 --> 00:13:16,140
And whereas the Oregon law enforcement community adult protective service staff and advocates have forged a stronger working relationship through community-based multidisciplinary teams to prevent and prosecute abuse and neglect.

212
00:13:16,800 --> 00:13:23,500
And whereas Oregonians need to be better informed on preventative measures and the indicators of abuse and neglect.

213
00:13:23,500 --> 00:13:33,920
Now, therefore, be it proclaimed by the Deschutes County Board of Commissioners that June 15, 2017 is designated as Elder Abuse Awareness Day in Deschutes County, Oregon.

214
00:13:34,400 --> 00:13:40,700
We encourage all citizens of Deschutes County to unite as a community to support our aging and people with disabilities.

215
00:13:41,160 --> 00:13:42,180
And I would welcome a motion.

216
00:13:42,680 --> 00:13:48,100
I move approval of proclamation declaring June 15, 2017 as Elder Abuse Awareness Day.

217
00:13:48,860 --> 00:13:49,640
I'll second that.

218
00:13:49,760 --> 00:13:50,820
Okay. For the discussion.

219
00:13:51,720 --> 00:13:56,200
I just want to say thanks also for coming in and explaining a little bit about your program

220
00:13:56,200 --> 00:13:57,260
and the work you do.

221
00:13:57,600 --> 00:13:57,940
Thank you.

222
00:13:58,620 --> 00:13:58,860
Yes.

223
00:13:59,020 --> 00:13:59,180
Yep.

224
00:13:59,320 --> 00:14:03,860
Just, you know, the message to the community, friends, neighbors, just understanding who's

225
00:14:03,860 --> 00:14:08,120
in your community, really looking out for each other and their impossible time in

226
00:14:08,120 --> 00:14:12,300
need, but understanding over time that a situation could get bad and it could end up being

227
00:14:12,300 --> 00:14:15,600
a really bad situation if we don't take a moment and ask.

228
00:14:15,740 --> 00:14:15,880
Yes.

229
00:14:16,020 --> 00:14:16,440
Thank you.

230
00:14:16,440 --> 00:14:21,580
And I would state that while we take today and set aside and proclaim today the day of

231
00:14:21,580 --> 00:14:25,200
awareness, but that we have a captive audience here today that please check on your neighbors.

232
00:14:25,380 --> 00:14:29,560
We just had snowmageddon and, you know, we all could use a little extra help and a set

233
00:14:29,560 --> 00:14:32,640
of eyes that make sure that we are as healthy as we can be.

234
00:14:32,800 --> 00:14:36,140
So I think your work is critical to the success and health of our community.

235
00:14:36,520 --> 00:14:37,000
So thank you.

236
00:14:37,300 --> 00:14:37,600
Thank you.

237
00:14:37,600 --> 00:14:37,700
Thank you.

238
00:14:37,920 --> 00:14:39,260
So hold on.

239
00:14:39,620 --> 00:14:40,060
Commissioner Henderson?

240
00:14:40,540 --> 00:14:40,720
Yes.

241
00:14:40,940 --> 00:14:41,460
Commissioner Nebone?

242
00:14:41,580 --> 00:14:41,680
Yes.

243
00:14:41,680 --> 00:14:43,060
Sure, let's just, there we go.

244
00:14:43,360 --> 00:14:51,700
All right team, and there's a slight typo, so I'm going to hold off on signing this

245
00:14:51,700 --> 00:14:52,700
and we'll get it to you.

246
00:14:53,100 --> 00:14:54,000
Okay, yep.

247
00:14:55,320 --> 00:14:59,980
All right, and continuing to share the love, we have another pro...

248
00:15:00,000 --> 00:15:07,880
Proclamation. The reading of a proclamation, recognizing June 19th through 25th, 2017 as amateur

249
00:15:07,880 --> 00:15:12,460
radio week. Sergeant, gentlemen, great to see you.

250
00:15:13,660 --> 00:15:14,480
Well, good morning.

251
00:15:14,840 --> 00:15:15,380
Good morning.

252
00:15:15,860 --> 00:15:22,260
Thank you very much. Nathan Garry, emergency manager. Just like to thank the board for

253
00:15:22,260 --> 00:15:28,580
considering this resolution or proclamation, brought Annie Johnson, Byron Cotton from our

254
00:15:28,580 --> 00:15:33,700
amateur radio emergency services unit which serves Deschutes County. These

255
00:15:33,700 --> 00:15:37,940
gentlemen are very important and integral to our backup auxiliary

256
00:15:37,940 --> 00:15:42,020
communications plan in Deschutes County and Central Oregon. They've assisted us

257
00:15:42,020 --> 00:15:46,680
with EOC or emergency operations center activations. They've helped provide

258
00:15:46,680 --> 00:15:50,500
communication for events. They do a lot of training and a lot of outreach to

259
00:15:50,500 --> 00:15:55,280
community to enhance our community's resilience and time of disaster.

260
00:15:55,280 --> 00:15:58,640
specifically since we live in such a technological age.

261
00:15:59,060 --> 00:16:01,740
Sometimes having some good old school hams

262
00:16:01,740 --> 00:16:04,520
at our disposal is pretty important.

263
00:16:05,140 --> 00:16:07,780
Just a few stats, there's about 800 amateur,

264
00:16:08,180 --> 00:16:11,800
or amateur radio license operators into Schuess County.

265
00:16:12,400 --> 00:16:14,420
Our areas unit has about 25 members

266
00:16:14,420 --> 00:16:16,060
and there's about 60 in Hydard,

267
00:16:16,240 --> 00:16:18,780
which is High Desert Amateur Radio Group.

268
00:16:19,440 --> 00:16:21,020
And those are the two main organizations

269
00:16:21,020 --> 00:16:23,660
that serve in kind of an emergency capacity.

270
00:16:23,660 --> 00:16:30,420
So Aries serves the county and Hyde Arc assists St. Charles with communications across their

271
00:16:30,420 --> 00:16:31,680
system during disasters.

272
00:16:32,140 --> 00:16:32,800
Okay.

273
00:16:33,400 --> 00:16:33,800
Excellent.

274
00:16:34,320 --> 00:16:36,100
Gentlemen, do you have comments to add?

275
00:16:36,980 --> 00:16:43,660
We just appreciate the county's recognition of the work that we do.

276
00:16:44,400 --> 00:16:50,340
Sometimes it's just you keep doing it and you don't know that there's any recognition

277
00:16:50,340 --> 00:16:51,000
out there.

278
00:16:51,000 --> 00:16:52,780
or nobody even knows that you're doing something.

279
00:16:54,580 --> 00:17:01,340
It's just when all else fails is when we actually get the recognition because we're there.

280
00:17:02,460 --> 00:17:08,300
All this fancy technology will not matter at all should we have that type of an event.

281
00:17:08,620 --> 00:17:11,440
So you are the backbone to protect our community.

282
00:17:12,200 --> 00:17:16,700
And we are ground zero essentially for the Cascadia in terms of response.

283
00:17:16,700 --> 00:17:22,800
We will be ready to be able to assist the rest of the state in recovery there.

284
00:17:23,440 --> 00:17:29,800
And I've had an opportunity to participate in the field day that I'm not sure if that's the correct terminology.

285
00:17:30,880 --> 00:17:37,040
And I was just – I didn't know what to expect, but I really appreciate the work. Great deal.

286
00:17:37,580 --> 00:17:38,300
So do we have other?

287
00:17:38,760 --> 00:17:45,760
I was just thinking there may be a point in time in the August 21st where about 150,000 people take a photo at the same time

288
00:17:45,760 --> 00:17:49,340
and want to send it somewhere so this may be a short period of time we can

289
00:17:49,340 --> 00:17:52,640
really be the only way to get a voice call through for a few minutes or you know

290
00:17:52,640 --> 00:17:56,960
it'll be interesting time won't it more than one type of eclipse and the focus of

291
00:17:56,960 --> 00:18:02,080
what we're it's very seldom we get an opportunity to have a planned disaster

292
00:18:02,080 --> 00:18:09,340
yeah and it's not even a disaster it's an event right hopefully not but it's

293
00:18:09,340 --> 00:18:14,420
mobilizing all of us and it's it's going to be quite a challenge so well

294
00:18:14,420 --> 00:18:20,200
So if we think of the Cascadia Subduction Zone earthquake, we anticipate hundreds of thousands

295
00:18:20,200 --> 00:18:21,800
of people coming this direction.

296
00:18:23,220 --> 00:18:28,780
So if we have an extra couple hundred thousand people, this will certainly be a pilot for

297
00:18:28,780 --> 00:18:29,880
us to work through that.

298
00:18:30,200 --> 00:18:30,680
So good.

299
00:18:31,140 --> 00:18:31,340
Commissioner Henderson?

300
00:18:31,740 --> 00:18:36,540
And so I'm a new commissioner, so I actually didn't know what she did.

301
00:18:36,700 --> 00:18:40,260
So that's good because you have the proclamation, so it's good to hear about it.

302
00:18:40,260 --> 00:18:41,320
So thank you for doing that.

303
00:18:42,380 --> 00:18:42,860
Yeah.

304
00:18:42,860 --> 00:18:48,340
At this time, before the Board of Commissioners of Deschutes County, Oregon, a proclamation

305
00:18:48,340 --> 00:18:56,080
recognizing Amateur Radio Week of June 19 to the 25th, 2017, whereas amateur radio operators

306
00:18:56,080 --> 00:19:01,600
are celebrating over a century of the miracle of human voice broadcast over the airwaves,

307
00:19:02,080 --> 00:19:08,740
and whereas amateur radios continue to provide a bridge between peoples, societies and countries

308
00:19:08,740 --> 00:19:11,360
by creating friendships and the sharing of ideas.

309
00:19:11,360 --> 00:19:21,720
And whereas amateur radio operators have also provided countless hours of community services to emergency service agencies and to other local organizations throughout these decades.

310
00:19:22,440 --> 00:19:26,420
And whereas the amateur radio services are provided wholly uncompensated.

311
00:19:27,200 --> 00:19:34,460
Whereas the County of Deschutes also recognizes the services amateur radio operators provide to the Deschutes County Emergency Management

312
00:19:34,460 --> 00:19:37,180
into our many civilian emergency response organizations,

313
00:19:37,700 --> 00:19:39,180
including the American Red Cross,

314
00:19:39,700 --> 00:19:40,960
the Oregon Department of Transportation,

315
00:19:41,480 --> 00:19:42,600
and the region's hospitals.

316
00:19:44,080 --> 00:19:46,840
And whereas the same individuals have further demonstrated

317
00:19:46,840 --> 00:19:48,620
their value in public assistance

318
00:19:48,620 --> 00:19:52,420
by providing free radio communications for local events,

319
00:19:52,760 --> 00:19:54,620
such as bicycle events and marathons

320
00:19:54,620 --> 00:19:56,440
where no other communications are available,

321
00:19:56,840 --> 00:19:59,640
and participate in disaster preparedness presentations

322
00:19:59,640 --> 00:20:01,000
throughout the county.

323
00:20:01,000 --> 00:20:06,260
And whereas the County of Deschutes recognizes and appreciates the diligence of these hams,

324
00:20:07,140 --> 00:20:11,000
what did you call them, old-time hams, old-school hams.

325
00:20:11,700 --> 00:20:15,880
The County of Deschutes recognizes and appreciates the diligence of these hams,

326
00:20:15,920 --> 00:20:21,620
who have also served as weather spotters in the Skyworn program of the U.S. Government Weather Bureau.

327
00:20:22,100 --> 00:20:29,700
And whereas the American Radio Relay League, ARRL, is the leading organization of amateur radio in the USA.

328
00:20:29,700 --> 00:20:37,620
whereas ARRL, Amateur Radio Field Day exercises will take place on June 24th and 25th in 2017

329
00:20:37,620 --> 00:20:45,640
and as a 24-hour emergency preparedness exercise and demonstration of radio-amateur skills and readiness

330
00:20:45,640 --> 00:20:51,660
to provide self-supporting communications without further infrastructure being required.

331
00:20:51,660 --> 00:20:57,540
Now, therefore, be it proclaimed by the Deschutes County Board of Commissioners that June 19th

332
00:20:57,540 --> 00:21:03,920
through the 25th, 2017 is designated as the Week of the Amateur Radio Week in Deschutes

333
00:21:03,920 --> 00:21:04,340
County.

334
00:21:06,320 --> 00:21:07,180
Move approval.

335
00:21:07,660 --> 00:21:07,860
Okay.

336
00:21:08,300 --> 00:21:08,580
Second.

337
00:21:09,120 --> 00:21:09,820
Further discussion?

338
00:21:10,580 --> 00:21:11,220
Commissioner DeBone?

339
00:21:11,680 --> 00:21:11,900
Yes.

340
00:21:12,120 --> 00:21:12,620
Commissioner Henderson?

341
00:21:12,940 --> 00:21:13,100
Yes.

342
00:21:13,320 --> 00:21:13,860
Chair votes yes.

343
00:21:14,240 --> 00:21:14,820
Thank you very much.

344
00:21:14,820 --> 00:21:15,180
Congratulations.

345
00:21:15,760 --> 00:21:16,420
Thank you very much.

346
00:21:16,500 --> 00:21:16,740
Yes.

347
00:21:16,840 --> 00:21:17,320
Good to see you.

348
00:21:19,740 --> 00:21:41,710
And I bet we're going to get some applause on this one next we have a consideration of signature of document number 2017-178 and notice of intent to award a contract I mean really get ready for the applause for the grind and overlay of Baker Road Lakeview Drive and River Woods Drive gentlemen good to see you the crowd is here for you please.

349
00:21:41,710 --> 00:21:43,690
Thank you, good morning everyone.

350
00:21:45,290 --> 00:21:47,850
For the record, Cody Smith, Deschutes County Road Department.

351
00:21:48,810 --> 00:21:56,450
Before you this morning is consideration of signature of document number 2017-178, a notice

352
00:21:56,450 --> 00:22:00,810
of intent to award contract for the grind and overlay of Baker Road, Lakeview Drive

353
00:22:00,810 --> 00:22:04,850
and River Woods Drive to High Desert Aggregate and Paving, LLC.

354
00:22:06,750 --> 00:22:08,350
Little background on the project.

355
00:22:08,350 --> 00:22:16,430
So this project is a 3-inch grind and overlay of Baker Road, Lakeview Drive, and River Woods

356
00:22:16,430 --> 00:22:16,730
Drive.

357
00:22:16,950 --> 00:22:21,270
That's essentially kind of the primary collector route for the shoots River Woods.

358
00:22:23,090 --> 00:22:27,590
The project also includes some tree root repair, there's some damage to that road

359
00:22:27,590 --> 00:22:30,450
that was caused by some trees that are adjacent to the road.

360
00:22:31,730 --> 00:22:38,190
The project limits are effectively from the intersection of Baker Road and Cinderbute

361
00:22:38,190 --> 00:22:47,360
road to the west intersection of Choctaw Road and Riverwoods Drive, excuse me, Baker and

362
00:22:47,360 --> 00:22:49,620
Brookswood, not Cinderview.

363
00:22:51,800 --> 00:22:59,880
We, the department received two bids for this project on June 1, 2017.

364
00:22:59,880 --> 00:23:08,780
The apparent low bidder was high-desert aggregate and paving with a bid of $694,095.

365
00:23:10,600 --> 00:23:21,920
The engineer's estimate for this project, we'll have to turn it back to, was $760,811.

366
00:23:22,460 --> 00:23:22,800
Thank you.

367
00:23:23,040 --> 00:23:23,180
Yes.

368
00:23:24,860 --> 00:23:25,200
Wonderful.

369
00:23:25,580 --> 00:23:26,200
Great bid.

370
00:23:26,560 --> 00:23:27,200
Competitive market.

371
00:23:27,320 --> 00:23:27,660
Yes.

372
00:23:27,660 --> 00:23:28,040
Yes.

373
00:23:28,160 --> 00:23:28,760
It's really good to see.

374
00:23:30,220 --> 00:23:31,540
OK, do we have questions?

375
00:23:33,080 --> 00:23:33,560
OK.

376
00:23:34,620 --> 00:23:36,820
Pretty straightforward, exciting to get this done.

377
00:23:37,040 --> 00:23:38,140
So I'd welcome a motion.

378
00:23:39,240 --> 00:23:43,160
Move approval of signature of document number 2017178.

379
00:23:44,120 --> 00:23:44,600
Second?

380
00:23:45,080 --> 00:23:47,140
OK, for the discussion, Commissioner Nabone?

381
00:23:47,320 --> 00:23:47,460
Yes.

382
00:23:47,760 --> 00:23:48,240
Commissioner Henderson?

383
00:23:48,580 --> 00:23:48,740
Yes.

384
00:23:48,960 --> 00:23:49,520
Chair votes yes.

385
00:23:49,880 --> 00:23:50,380
Thank you.

386
00:23:50,560 --> 00:23:51,080
Have a great day.

387
00:23:52,400 --> 00:23:54,260
All righty, no applause?

388
00:23:54,580 --> 00:23:55,680
Oh my goodness, just kidding.

389
00:23:58,780 --> 00:24:00,080
First for the road department.

390
00:24:01,340 --> 00:24:06,680
All right. Next item, consideration of signature of document number 2017-393.

391
00:24:07,620 --> 00:24:12,020
Notice of intent to award an inmate food and commissary.

392
00:24:12,700 --> 00:24:18,440
Commissary, sorry, services. I need to start doing this more. Captain, good to see you.

393
00:24:20,220 --> 00:24:21,320
Commissary, thank you.

394
00:24:22,980 --> 00:24:24,560
Don't see that written down too many times.

395
00:24:24,560 --> 00:24:25,760
No, yeah.

396
00:24:26,960 --> 00:24:29,200
We need to get some chairs that don't have arms, please.

397
00:24:29,620 --> 00:24:29,820
Yes.

398
00:24:30,400 --> 00:24:30,720
OK.

399
00:24:30,900 --> 00:24:32,040
Well, there might be.

400
00:24:32,460 --> 00:24:32,900
Yes, OK.

401
00:24:33,860 --> 00:24:35,040
Good morning for the record.

402
00:24:35,200 --> 00:24:37,820
I'm Captain Darren McMaster, the jail commander at the Deschutes

403
00:24:37,820 --> 00:24:38,820
County Sheriff's Office.

404
00:24:39,880 --> 00:24:42,820
And in summary, on our inmate food services

405
00:24:42,820 --> 00:24:45,500
commissary account, we currently

406
00:24:45,500 --> 00:24:51,200
have Eramark as our vendor for supplying inmate meals,

407
00:24:51,920 --> 00:24:59,260
commissary and staff meals. Our contract is expiring so we went out for RFP. We

408
00:24:59,260 --> 00:25:03,980
received interest from four different companies which was Aramark Trinity Summit

409
00:25:03,980 --> 00:25:10,380
and Oregon Commission for the Blind. Only Aramark Trinity and Summit presented

410
00:25:10,380 --> 00:25:18,240
RFPs or proposals to us. We put together a team to analyze each one of

411
00:25:18,240 --> 00:25:24,920
companies and their presentations and so over the course of several months they

412
00:25:24,920 --> 00:25:29,900
looked at all three of those companies. Aramark and Trinity became the finalists

413
00:25:29,900 --> 00:25:35,200
with the top proposals. We did a site visit over to Lane County Sheriff's

414
00:25:35,200 --> 00:25:41,340
Office where they have Trinity as their food service provider and in the end

415
00:25:41,340 --> 00:25:44,720
we decided that we would stay with Aramark and so some of the

416
00:25:44,720 --> 00:25:53,060
particulars with Aramark is their annual cost to us will be $400,140.

417
00:25:54,260 --> 00:25:58,780
Trinity came in with a bid at $481,068.

418
00:26:01,320 --> 00:26:12,620
Our budget for Aramark last year was $355,000, and so the bid is up about $45,000 this year

419
00:26:12,620 --> 00:26:13,440
over last year.

420
00:26:13,440 --> 00:26:19,420
However, in looking at Trinity, that would have been an additional $80,000 in cost.

421
00:26:19,780 --> 00:26:22,020
And looking at both companies, Trinity is a good company.

422
00:26:22,540 --> 00:26:27,260
However, for the cost, we felt like Aramark was doing a great job.

423
00:26:27,900 --> 00:26:34,340
We have a very good relationship with Aramark, and we felt that they were the better company.

424
00:26:34,980 --> 00:26:39,740
We did receive a 4% increase in commissary commissions.

425
00:26:39,740 --> 00:26:46,080
So currently, we're getting 18% from Aramark, and when this contract commences, we'll be

426
00:26:46,080 --> 00:26:53,020
getting 22%, which we budgeted $45,000 for fiscal year 17 on commissary sales.

427
00:26:54,180 --> 00:27:00,540
And so if that holds true, it would be about an $1,800 increase with 22%.

428
00:27:04,640 --> 00:27:06,680
What is that, the commissions?

429
00:27:07,600 --> 00:27:15,780
So what commissary is is that those companies, they sell snacks like potato chips and candy

430
00:27:15,780 --> 00:27:17,000
bars and things like that.

431
00:27:17,360 --> 00:27:24,260
There's some kind of sundry items that inmates can buy, lotions and creams and things like

432
00:27:24,260 --> 00:27:24,600
that.

433
00:27:25,700 --> 00:27:31,860
We get a commission off of those sales and this past year it was 18 percent.

434
00:27:32,180 --> 00:27:34,160
The new contract will be 22 percent.

435
00:27:34,160 --> 00:27:37,120
But that's outside the $400,000 food contract.

436
00:27:37,260 --> 00:27:37,540
Correct.

437
00:27:38,100 --> 00:27:38,420
Correct.

438
00:27:39,740 --> 00:27:41,160
Just the length of the contract?

439
00:27:41,860 --> 00:27:45,020
This is a three-year contract with two one-year extensions

440
00:27:45,020 --> 00:27:45,480
available.

441
00:27:45,960 --> 00:27:47,940
So we're setting up for maybe a five-year period here.

442
00:27:47,940 --> 00:27:48,260
Yes, sir.

443
00:27:48,800 --> 00:27:49,240
Thank you.

444
00:27:49,980 --> 00:27:53,480
I was interested to read the process you went through

445
00:27:53,480 --> 00:27:55,980
to go visit them, the notes from everybody.

446
00:27:56,260 --> 00:27:59,320
And that was interesting to see the thoroughness you

447
00:27:59,320 --> 00:27:59,640
went through.

448
00:28:00,140 --> 00:28:01,320
It's pretty intensive.

449
00:28:01,760 --> 00:28:01,900
Yeah.

450
00:28:02,120 --> 00:28:03,340
That's why we don't want to do it maybe

451
00:28:03,340 --> 00:28:04,360
for another five years.

452
00:28:06,580 --> 00:28:11,580
Very competitive, both in their scoring and, you know, in their costs, but it makes sense.

453
00:28:12,560 --> 00:28:12,800
Please.

454
00:28:14,200 --> 00:28:19,560
Hi, commissioners, I just come in the Sheriff's Office for also continuing to work with our

455
00:28:19,560 --> 00:28:24,140
juvenile department and provide the service to the Juvenile Detention Center as well.

456
00:28:24,880 --> 00:28:25,080
Absolutely.

457
00:28:26,680 --> 00:28:27,040
Wonderful.

458
00:28:27,860 --> 00:28:31,800
So, price per meal, we're around a dollar depending on the population?

459
00:28:32,320 --> 00:28:32,720
Yes.

460
00:28:33,840 --> 00:28:37,120
Probably around a dollar forty-three or a dollar something.

461
00:28:38,040 --> 00:28:38,840
Currently today.

462
00:28:39,540 --> 00:28:41,160
They make me a dollar twenty-nine.

463
00:28:42,340 --> 00:28:42,740
Yeah.

464
00:28:43,460 --> 00:28:44,880
You know I was thinking about that.

465
00:28:45,180 --> 00:28:49,100
And when I was in high school I believe lunch was a dollar fifty-five.

466
00:28:49,620 --> 00:28:51,800
So this looks like a pretty good deal to me actually.

467
00:28:52,220 --> 00:28:52,900
Yes, yes.

468
00:28:54,040 --> 00:28:58,260
And it has to be calorically sound and meet certain standards.

469
00:28:58,340 --> 00:28:58,740
Absolutely.

470
00:28:58,980 --> 00:28:59,960
It has to meet a lot of standards.

471
00:28:59,960 --> 00:29:03,920
And actually, with the juvenile meals, there's even more standards that have to be met because

472
00:29:03,920 --> 00:29:07,780
they have to abide by the regulations that are set for school meals.

473
00:29:08,420 --> 00:29:09,080
Very good.

474
00:29:10,320 --> 00:29:18,660
I'd move approval of document number 2017, days 393, second, okay.

475
00:29:19,040 --> 00:29:19,340
Okay.

476
00:29:19,660 --> 00:29:20,180
Further discussion?

477
00:29:20,640 --> 00:29:21,180
Commissioner Henderson?

478
00:29:21,540 --> 00:29:21,680
Yes.

479
00:29:21,820 --> 00:29:22,300
Commissioner DeBone?

480
00:29:22,440 --> 00:29:22,560
Yes.

481
00:29:23,400 --> 00:29:23,960
Thank you, Captain.

482
00:29:24,080 --> 00:29:24,500
Good to see you.

483
00:29:24,520 --> 00:29:24,700
Thank you.

484
00:29:24,920 --> 00:29:26,260
And I received your email this morning.

485
00:29:26,440 --> 00:29:26,720
Thank you.

486
00:29:26,860 --> 00:29:27,360
You're welcome.

487
00:29:27,960 --> 00:29:28,820
All right.

488
00:29:29,200 --> 00:29:34,040
Next we have a public hearing consideration of board signature of resolution number 2017

489
00:29:34,040 --> 00:29:39,680
dash 09019 adopting the fiscal year fee schedule for Deschutes County.

490
00:29:41,880 --> 00:29:42,780
Good morning.

491
00:29:45,600 --> 00:29:48,220
Chris Partain County Finance Department.

492
00:29:49,240 --> 00:29:55,600
So annually we review our fee schedule for compatibility with actual cost of service

493
00:29:56,340 --> 00:29:57,660
and ORS.

494
00:29:57,660 --> 00:29:58,980
and we discussed.

495
00:30:00,180 --> 00:30:20,960
The requested changes at a work session on May 3rd. We did have some updated amounts, I don't know, if you recollect at that meeting on the 3rd, we are including fees, SDC fees, assessed by Ben Park and Recreation District and the Lapine Special Sewer District.

496
00:30:20,960 --> 00:30:26,180
They had not yet adopted those fees when we met on the third.

497
00:30:26,880 --> 00:30:34,400
They have since adopted those fees and I sent through a revised fee schedule the other day

498
00:30:35,120 --> 00:30:42,000
showing that change and that's the only change that was made and those aren't even

499
00:30:42,000 --> 00:30:42,500
our fees.

500
00:30:43,020 --> 00:30:48,120
We collect them, they're a pass-through fund funds and that's it.

501
00:30:48,120 --> 00:30:54,380
So, fee schedule is as discussed on the work session from May 3rd.

502
00:30:54,400 --> 00:30:55,200
I think I've got it.

503
00:30:55,700 --> 00:31:00,180
CDD, Nick, would like to talk to you about...

504
00:31:00,180 --> 00:31:01,020
Lot of record.

505
00:31:02,200 --> 00:31:03,040
Yes, great.

506
00:31:03,440 --> 00:31:04,300
Please, come on down.

507
00:31:15,240 --> 00:31:15,580
Thank you.

508
00:31:24,450 --> 00:31:25,290
Good morning, commissioners.

509
00:31:25,530 --> 00:31:28,190
For the record, Nick Lealac, the Sheets County Community Development Department,

510
00:31:28,270 --> 00:31:31,670
and Peter Gatowski may join me here as well in just a moment.

511
00:31:31,970 --> 00:31:33,470
We wanted to talk about the lot of record.

512
00:31:33,470 --> 00:31:37,510
this has been quite a topic that's been raised before the Board of County commissioners in

513
00:31:37,510 --> 00:31:43,370
the press and certainly through our department over the last nearly year due to a Land Use

514
00:31:43,370 --> 00:31:47,910
Board of Appeals decision that was issued on September 29.

515
00:31:48,610 --> 00:31:53,470
And the Land Use Board of Appeals referred to as LUBA is the name of the decision was

516
00:31:53,470 --> 00:32:01,150
the Grimstad decision and it was issued on September 29 of this should be 2016 actually.

517
00:32:02,730 --> 00:32:09,410
September 29th of last year. And we charged at that point $500 for a lot of record decisions.

518
00:32:09,730 --> 00:32:15,190
So in other words, for somebody to come in and demonstrate that they have a legal lot in order to proceed with the development of various types.

519
00:32:15,530 --> 00:32:18,750
We did not charge if a property, I'm sorry.

520
00:32:18,890 --> 00:32:25,850
It's legal lot terminology. So somebody can own the lot and you say legal lot but you're referring to development rights.

521
00:32:25,850 --> 00:32:32,390
It's for the development, right? So it's a parcel that somebody can own. It can be a tax slot. It can be a parcel. It can be a lot.

522
00:32:32,510 --> 00:32:43,610
But in order to proceed with development for a development right, Oregon Revised Statute ORS requires that we can only approve development on a legal lot of record

523
00:32:43,610 --> 00:32:47,490
or a lot that has been verified effectively as developable.

524
00:32:47,870 --> 00:32:53,030
And I'm just acknowledging that somebody could own a parcel free and clear, legally owned.

525
00:32:53,030 --> 00:32:57,830
it just doesn't have development, right? So I'm just making sure terminology is clear as we go through this.

526
00:32:58,430 --> 00:33:06,510
Correct. Anything else to add? Was that clear enough? Okay. So as of last year, the fee was about $500.

527
00:33:07,110 --> 00:33:13,030
We had a separate fee for $925 if there was going to be a more elaborate process where it's a land use decision

528
00:33:13,030 --> 00:33:17,130
where there's notification to neighbors as a 12-day appeal period, et cetera.

529
00:33:17,250 --> 00:33:22,510
And the reason we had that additional fee in there at the time was that we had a land use attorney locally

530
00:33:22,510 --> 00:33:26,570
that wanted that assurance for that attorney's clients.

531
00:33:26,930 --> 00:33:31,010
Because if it was a ministerial decision, and it wasn't appealed,

532
00:33:31,290 --> 00:33:32,990
and this is exactly what happened with the Grimstad,

533
00:33:33,070 --> 00:33:35,950
somebody learned about the decision a year later or so,

534
00:33:36,450 --> 00:33:40,790
they then appealed it, and they had standing before the Land Use Board of Appeals.

535
00:33:41,370 --> 00:33:43,510
This attorney wanted that certainty.

536
00:33:43,690 --> 00:33:47,490
So we had the two fees, but we always only charged the $500 fee,

537
00:33:47,490 --> 00:33:52,190
And again, it was not, it wasn't appealable by anybody, but the applicant.

538
00:33:52,710 --> 00:33:55,790
And it was basically a routine staff checklist.

539
00:33:56,970 --> 00:33:58,030
Post-Grimstad.

540
00:33:58,410 --> 00:34:04,310
Grimstad said we were required to process all lot of records as land use decisions.

541
00:34:04,510 --> 00:34:08,050
So after September 29th, we charged the 925.

542
00:34:08,270 --> 00:34:09,830
So it was good that we had it in our fee schedule.

543
00:34:09,990 --> 00:34:12,850
We weren't anticipating applying it to all applications,

544
00:34:12,850 --> 00:34:17,330
but we did per the required decision.

545
00:34:17,950 --> 00:34:22,310
Our proposed fee schedule that we submitted back in February, early March,

546
00:34:22,450 --> 00:34:25,150
as the conversation started, and we were still getting our arms around,

547
00:34:25,730 --> 00:34:33,510
heads around what this decision meant and the magnitude that we were beginning to experience in the rural county,

548
00:34:33,630 --> 00:34:37,110
and certainly have since then, was a 2.5% fee increase,

549
00:34:37,190 --> 00:34:39,990
which is what's proposed for other land use planning applications.

550
00:34:39,990 --> 00:34:45,890
So 2.5% on top of the $925.

551
00:34:46,530 --> 00:34:51,270
Over the last month or so, and we'll be bringing this to the Board of County

552
00:34:51,270 --> 00:34:54,850
Commissioners for a conceptual discussion next week, which could then proceed

553
00:34:54,850 --> 00:34:58,230
potentially very quickly, the Community Development Department, CDD,

554
00:34:58,310 --> 00:35:02,890
and legal counsel are working on a framework to address this issue that was raised

555
00:35:02,890 --> 00:35:05,010
with the Grim Sadlands Board of Appeals decision.

556
00:35:05,470 --> 00:35:08,310
And so what this would allow us to do is to basically go back

557
00:35:08,310 --> 00:35:14,430
to the way we used to administer a lot of record decisions for properties that have prior

558
00:35:14,430 --> 00:35:19,390
building, septic, or land use permits, so they would be developable without having to

559
00:35:19,390 --> 00:35:22,150
go through the process and pay the fee, et cetera.

560
00:35:23,270 --> 00:35:27,610
Federal conveyances, et cetera, they would still need to buy state law.

561
00:35:28,110 --> 00:35:33,730
So our proposed correction or our proposal for your consideration this morning with

562
00:35:33,730 --> 00:35:38,710
the fee is to, and I'm not sure why it's going backwards.

563
00:35:39,150 --> 00:35:40,410
You have it in front of us.

564
00:35:40,730 --> 00:35:46,430
I'm sorry. Yeah, you have it in front of you, but it's not coming all the way up here.

565
00:35:46,990 --> 00:35:47,330
Yay.

566
00:35:47,750 --> 00:35:48,150
There we go.

567
00:35:49,930 --> 00:35:55,370
So the proposal is to effectively charge the prior fee with the minor increase.

568
00:35:55,550 --> 00:35:56,410
There are $512.

569
00:35:57,070 --> 00:36:01,550
And again, this would be applied to those properties

570
00:36:01,550 --> 00:36:05,210
if a building septic or land use permit were issued for the properties.

571
00:36:05,670 --> 00:36:11,510
To be clear, the fee does not cover actual cost of service, the ACS.

572
00:36:12,450 --> 00:36:15,270
What we would do would be, at the Community Development Department,

573
00:36:15,450 --> 00:36:18,790
we would track our applications over the course of the next six to eight months.

574
00:36:19,450 --> 00:36:23,310
We would report to the Board mid-year how many of those applications we've received,

575
00:36:23,970 --> 00:36:26,370
And then we would revisit the fee as necessary.

576
00:36:27,270 --> 00:36:33,070
And during that time, we would inform, as we've already begun to do at a very conceptual level,

577
00:36:33,210 --> 00:36:38,230
is that we are going to be proposing to correct this issue raised by Luba.

578
00:36:38,470 --> 00:36:43,030
We addressed a part of it last December, but we realized that there's more for us to do

579
00:36:43,030 --> 00:36:49,750
that we could make this more simpler, predictable, and fair for the property owners.

580
00:36:49,750 --> 00:36:54,330
This isn't that the intent is not to allow rural development where it was not previously

581
00:36:54,330 --> 00:36:54,930
allowed.

582
00:36:55,250 --> 00:36:58,770
It's to address the issues raised by the Land Use Board of Appeals.

583
00:36:59,670 --> 00:37:06,190
The fee for $948 in our proposal would still apply to federal conveyances, land conveyances

584
00:37:06,190 --> 00:37:09,750
prior to the county subdivision or partition ordinances.

585
00:37:10,270 --> 00:37:14,890
And the reason is just that that is what it actually cost us to process those applications.

586
00:37:15,110 --> 00:37:17,050
They can be extremely complicated.

587
00:37:17,050 --> 00:37:20,310
if we are still required to work with legal counsel on a lot of these.

588
00:37:21,810 --> 00:37:27,070
And so this is our proposal for your consideration at this time to change this.

589
00:37:27,170 --> 00:37:30,210
So we're happy to answer any of your questions regarding this proposed fee.

590
00:37:30,590 --> 00:37:30,730
Okay.

591
00:37:31,290 --> 00:37:34,730
Well, let me just say that I appreciate the department's quick.

592
00:37:35,650 --> 00:37:37,690
We didn't know how many this would affect.

593
00:37:37,870 --> 00:37:39,630
We didn't know the magnitude of this decision,

594
00:37:39,690 --> 00:37:43,610
and we certainly were not looking for something else to do with our time

595
00:37:43,610 --> 00:37:45,370
when we're growing at such a rapid pace.

596
00:37:45,370 --> 00:37:47,810
So I appreciate making this a priority.

597
00:37:48,510 --> 00:37:50,130
Thank you for laying out some options.

598
00:37:50,750 --> 00:37:53,690
And I turn it to my colleagues to see what direction you'd like to go.

599
00:37:53,810 --> 00:37:57,710
We do have as an option, I don't want you to feel that you have to make – if you need

600
00:37:57,710 --> 00:38:05,230
further information, we can approve the fee schedule with this piece held out and have

601
00:38:05,230 --> 00:38:09,730
this – so long as we make the decision by the end of the month so that we have

602
00:38:09,730 --> 00:38:12,330
a budget by July 1st.

603
00:38:12,390 --> 00:38:13,630
So those are some options.

604
00:38:13,890 --> 00:38:14,410
But thank you.

605
00:38:14,410 --> 00:38:14,930
Please.

606
00:38:15,270 --> 00:38:20,930
So I have several questions, and I think we should discuss it some today, and I'd like

607
00:38:20,930 --> 00:38:23,750
to hear if there's testimony from people about it also.

608
00:38:25,250 --> 00:38:30,390
As you know, we didn't know the scope of it, as Commissioner Mayn said, until the last

609
00:38:30,390 --> 00:38:35,070
meeting that we had, and people actually came and testified, we'd only had a work session

610
00:38:35,070 --> 00:38:35,510
discussion.

611
00:38:35,750 --> 00:38:37,410
We'd had a couple calls from people.

612
00:38:37,410 --> 00:38:44,310
Can you give me an estimate of how many lot of record ministerial decisions and administrative

613
00:38:44,310 --> 00:38:49,770
decisions you'd made prior to Grimstead, like in the year before Grimstead or three years

614
00:38:49,770 --> 00:38:51,670
before Grimstead, just a rough number?

615
00:38:55,130 --> 00:39:03,210
Commissioner, this would be, I guess, I'd probably say, prior to Grimstead in 2016,

616
00:39:03,210 --> 00:39:11,230
We probably had, you were able to see, 25 and 40 of each, or combined?

617
00:39:11,330 --> 00:39:13,310
I would say of combined.

618
00:39:13,590 --> 00:39:15,810
Most of them, if not all of them, were ministerial.

619
00:39:16,230 --> 00:39:24,770
It was rare, again, if a representative wanted that land use decision to be – if they

620
00:39:24,770 --> 00:39:29,590
wanted the notice – the lot of record decision to be noticed and treated as a land use

621
00:39:29,590 --> 00:39:32,830
decision, then we would have done so at the $925 fee.

622
00:39:32,830 --> 00:39:35,890
but those were rare instances.

623
00:39:37,090 --> 00:39:44,690
And then how many have you had since – and so people in the eyes that were talking – Grimm

624
00:39:44,690 --> 00:39:49,610
said it's the case that required us to redo the definitions of a lot of record.

625
00:39:50,150 --> 00:39:54,210
The Land Use Board of Appeals said we weren't doing it correctly, and so we referred to

626
00:39:54,210 --> 00:39:57,990
Grimm said, but that's – we're talking about the case that caused this change.

627
00:39:58,130 --> 00:40:00,670
So since then, which was – the decision was in September?

628
00:40:01,210 --> 00:40:06,950
Yeah, the decision was, the land use board of appeals decision was September 29th of 2016.

629
00:40:07,390 --> 00:40:13,030
Since that time, and of course since we've reached out regularly with realtor groups,

630
00:40:13,950 --> 00:40:15,490
I would say we're approaching 100.

631
00:40:17,450 --> 00:40:20,390
And all of those are administrative at this point.

632
00:40:20,650 --> 00:40:25,650
Based on the Grimstad decision, it's paramount that we treat each lot of record decision

633
00:40:25,650 --> 00:40:30,330
as a land use decision, which again means that decision is noticed to neighboring property

634
00:40:30,330 --> 00:40:33,030
owners per our procedures code well

635
00:40:35,520 --> 00:40:38,200
if we want to discuss after we hear the

636
00:40:38,200 --> 00:40:43,340
testimony or just a couple thoughts I have that one is that I

637
00:40:46,100 --> 00:40:46,560
think there's a

638
00:40:46,560 --> 00:40:49,720
big distinction between ones before the case and ones after I think the ones

639
00:40:49,720 --> 00:40:55,080
before the case were property owners needing feeling they needed I mean I

640
00:40:55,080 --> 00:40:58,200
don't know exactly maybe we need more briefing on this but more property

641
00:40:58,200 --> 00:41:02,540
owners need to clarify it for their own benefit maybe or something not as

642
00:41:02,540 --> 00:41:07,600
as much. We're now in a world where they're being forced to do it because of a change

643
00:41:07,600 --> 00:41:15,080
in procedures. So I look at it as a different fee approach for the ones post-Grimstead than

644
00:41:15,080 --> 00:41:21,480
I do. I don't really see the same continuity. I could be persuaded differently with some

645
00:41:21,480 --> 00:41:25,320
additional briefing and stuff, but I think that's really the concern I have that it's

646
00:41:25,320 --> 00:41:33,100
a burden of people, a much broader scope of people and sector of people may be influenced

647
00:41:33,100 --> 00:41:40,360
by, as I understand it, it's somewhat the result of us having an accommodating policies

648
00:41:40,360 --> 00:41:46,140
with regard to growth and et cetera, and we've been told by Luba that we were too accommodating

649
00:41:46,140 --> 00:41:46,440
or whatever.

650
00:41:46,660 --> 00:41:52,860
So while we grew, I think we had additional fees, so I'm inclined to reduce these fees

651
00:41:52,860 --> 00:41:58,840
below this and look at that. So that's kind of where I'm coming from, and I'm anxious

652
00:41:58,840 --> 00:42:04,220
to hear other testimony and have further discussion. But I think because we're also looking at this

653
00:42:04,220 --> 00:42:08,760
period where we do this text amendment, if we change the rules now from December, we're

654
00:42:08,760 --> 00:42:13,180
still looking several months out and I'm concerned with charging people now something

655
00:42:13,180 --> 00:42:15,820
and then we decide to charge later, well, what about the people who are charged

656
00:42:15,820 --> 00:42:22,820
this amount, you know, I'd like everybody to kind of pose grimstead to have paid a similar

657
00:42:22,820 --> 00:42:28,820
amount, so I'm concerned about that, yeah, equity within that, so that's my kind of philosophically

658
00:42:28,820 --> 00:42:29,560
where I stand.

659
00:42:29,900 --> 00:42:30,200
Okay.

660
00:42:30,580 --> 00:42:32,620
So just kind of the logistics of our fee schedule.

661
00:42:32,840 --> 00:42:37,160
So currently do we have the ministerial and administrative decision in our fee schedule,

662
00:42:37,360 --> 00:42:45,100
$500 and $925, was the proposal to remove that $500 fee, you know, previously to

663
00:42:45,100 --> 00:42:51,840
go from 2 to back to 1. Now I'm thinking, you know, just our spreadsheet of fees.

664
00:42:52,400 --> 00:42:57,760
Our spreadsheet of fees, they're currently increasing it from 500 to 51250.

665
00:42:57,980 --> 00:43:01,360
What was the proposal to remove that right before this is my question.

666
00:43:01,460 --> 00:43:02,300
That was the proposal.

667
00:43:02,460 --> 00:43:02,560
Yeah.

668
00:43:03,420 --> 00:43:06,460
And now we're going to keep two fees, two levels.

669
00:43:06,920 --> 00:43:11,560
And the primary reason was that we were no longer able to process these as ministerial

670
00:43:11,560 --> 00:43:11,800
decisions.

671
00:43:12,180 --> 00:43:15,520
Okay, so we're basically, yeah, when we had a work session,

672
00:43:15,800 --> 00:43:18,420
one of those fees wasn't there, but now we're proposing to keep it in there

673
00:43:18,420 --> 00:43:22,760
and increment it a little bit and define it as only if we have a prior building,

674
00:43:22,940 --> 00:43:24,820
septic or land use permit and decision.

675
00:43:26,100 --> 00:43:27,380
Making sure I'm clear on that.

676
00:43:28,880 --> 00:43:32,600
Would you benefit from further discussion on this item as well?

677
00:43:32,800 --> 00:43:35,100
Would you, or do you feel ready to make a decision?

678
00:43:35,220 --> 00:43:37,100
Well, for the fee schedule, it seems pretty simple.

679
00:43:37,460 --> 00:43:40,820
You know, it's adding back a fee that we thought we were going to get rid of

680
00:43:40,820 --> 00:43:44,500
And it's a lesser fee for a service that may or may not cover its cost

681
00:43:44,500 --> 00:43:49,680
but I mean I'm supportive of adding that feedback in for the business case of the fee schedule and there's yeah

682
00:43:49,680 --> 00:43:53,220
There's a lot more discussion to be had on this topic in the future. Okay

683
00:43:53,940 --> 00:43:59,040
That sounds counter to what you are recommending. Am I unless I'm not understanding correctly?

684
00:44:10,400 --> 00:44:10,800
Sounds

685
00:44:10,800 --> 00:44:13,960
significantly is what I'm going to recommend or what I would support.

686
00:44:15,440 --> 00:44:23,640
But I would like to know a little more about that piece of what was leading the 25 to 40

687
00:44:23,640 --> 00:44:27,020
you had before Grimstead, what was leading people to do that.

688
00:44:27,120 --> 00:44:29,740
Are they really distinguishable to the ones opposed to that?

689
00:44:29,740 --> 00:44:32,300
Well, and I acknowledge, yeah, there's a lot more discussion to be had on this topic.

690
00:44:32,300 --> 00:44:39,260
And I'm concerned with how many, if we go to a lower fee,

691
00:44:39,440 --> 00:44:43,440
and it's really below actual cost of service in your minds,

692
00:44:43,540 --> 00:44:44,760
how much is that costing?

693
00:44:45,000 --> 00:44:48,880
Because our job is to be a steward of the county's money.

694
00:44:49,080 --> 00:44:53,000
So we still don't really know how many scope of this.

695
00:44:53,280 --> 00:44:55,940
So I think we're going to have a discussion of that next,

696
00:44:56,820 --> 00:44:59,860
was it next week, at the Mondays meeting.

697
00:45:12,180 --> 00:45:18,500
Thank you, commissioner. So the amount that the actual cost of service is really going to

698
00:45:18,500 --> 00:45:24,460
be the proposed $948.25 per just given the amount of work that we need to do to verify that a

699
00:45:24,460 --> 00:45:29,560
property is a legal lot of record, including the land use decision component of it, which

700
00:45:29,560 --> 00:45:33,620
the public notification, the findings, the appeal period, et cetera.

701
00:45:33,740 --> 00:45:37,580
So that's actually what we believe is the cost of service. It's an average cost of service.

702
00:45:38,020 --> 00:45:44,200
And the average can mean that you can range from several hundred dollars to several thousand dollars, depending on the complexity.

703
00:45:44,500 --> 00:45:53,100
So that was one of the questions. The prior question of what were people applying for in the kind of 25 to 40 prior to Grimstad,

704
00:45:53,100 --> 00:45:55,060
It could be just a non-farm dwelling.

705
00:45:55,340 --> 00:45:56,600
It could be a solar farm.

706
00:45:56,760 --> 00:46:02,220
It could be any use proposed on a rural lot that's allowed in the code.

707
00:46:02,560 --> 00:46:05,660
So it would really span the entire spectrum of uses

708
00:46:06,480 --> 00:46:10,020
that they just needed to verify that they had a legal lot of record

709
00:46:10,020 --> 00:46:13,600
prior to proceeding with either a subsequent land use application

710
00:46:13,600 --> 00:46:17,520
for a non-farm dwelling or just to a building permit for a home.

711
00:46:17,520 --> 00:46:24,220
So, but there's, we kind of a wide spectrum of kinds of permits that are issued out of

712
00:46:24,640 --> 00:46:25,440
community development.

713
00:46:25,640 --> 00:46:28,220
So, are there some that weren't included?

714
00:46:28,400 --> 00:46:31,840
Like we probably never had a lot of record when we were just doing a septic permit or

715
00:46:31,840 --> 00:46:34,080
we never had a lot of record when we were doing a small remodel.

716
00:46:34,260 --> 00:46:37,660
It was like, you talk about solar farm, that's a big project.

717
00:46:37,800 --> 00:46:40,260
A non-farm dwelling is kind of a very significant.

718
00:46:41,080 --> 00:46:43,580
So is there, I think, see what I'm saying.

719
00:46:43,580 --> 00:46:47,520
I do, that there are circumstances where someone can come in for a site evaluation.

720
00:46:49,180 --> 00:46:58,280
We do the best we can with our coordinated services to have the applicant make sure that

721
00:46:58,280 --> 00:47:01,720
as they're coming in for a site evaluation that they're talking to planning to make

722
00:47:01,720 --> 00:47:07,600
sure that that vacant property is a legal lot for development purposes, and so prior

723
00:47:07,600 --> 00:47:14,080
to Grimstad, we would have had that coordination and it continues today, but we have to make

724
00:47:14,080 --> 00:47:22,680
sure that that creation of that property, that water parcel, was lawful.

725
00:47:22,940 --> 00:47:28,500
And so the 25 to 40, whether they led to large-scale development or whether they were

726
00:47:28,500 --> 00:47:33,180
just positioning that property for a single family dwelling, there needed to be that

727
00:47:33,180 --> 00:47:39,000
analysis that the conveyance occurred prior to any adoption of a partition or subdivision

728
00:47:39,000 --> 00:47:42,700
ordinance that we had, and those occurred in the late 1970s.

729
00:47:43,660 --> 00:47:51,600
So think of pre-Grimstad as those properties being vacant with no structure, with no prior

730
00:47:51,600 --> 00:47:52,780
land use decision.

731
00:47:53,940 --> 00:48:00,140
This is a step that I think occurs in every county just to demonstrate that at the

732
00:48:00,140 --> 00:48:01,860
time of that conveyance it was lawful.

733
00:48:01,860 --> 00:48:08,340
But if I remember, in your plan, you had like 500 building permits issued last year.

734
00:48:08,500 --> 00:48:12,700
So a very small number of those had to do a lot of record verification,

735
00:48:13,600 --> 00:48:19,460
whereas now we've got this big scope of lots of record verifications.

736
00:48:19,860 --> 00:48:24,600
You have a house, you need a barn, you have a house, you want to do a remodel.

737
00:48:25,100 --> 00:48:30,140
So it's really a different class of what we're looking at.

738
00:48:30,140 --> 00:48:32,160
The challenge would try to sell your property.

739
00:48:32,640 --> 00:48:32,780
Yeah.

740
00:48:32,920 --> 00:48:33,960
Get this out there as well.

741
00:48:34,140 --> 00:48:36,580
I mean, just it's growing as we sit here.

742
00:48:37,180 --> 00:48:38,680
So just back to what I was proposing

743
00:48:38,680 --> 00:48:41,840
is the fact that we were going to go back to one fee,

744
00:48:42,140 --> 00:48:44,400
and I was supporting the fact that we're going to two fees.

745
00:48:45,500 --> 00:48:48,800
Commissioner Henderson mentioned maybe a different number,

746
00:48:49,040 --> 00:48:49,560
a dollar amount.

747
00:48:49,960 --> 00:48:51,520
But I was really just advocating for the fact

748
00:48:51,520 --> 00:48:54,500
that we're going back to a $512 fee now.

749
00:48:54,660 --> 00:48:57,180
So that's just trying to get through this a little bit.

750
00:48:57,480 --> 00:48:59,540
Yeah, I think there may be recognition,

751
00:48:59,540 --> 00:49:03,800
though that there are so many more that this would apply to versus what it might have at

752
00:49:03,800 --> 00:49:04,280
that point.

753
00:49:04,560 --> 00:49:09,100
But I think, so I have two individuals who want to speak on the fee schedule, and I am

754
00:49:09,100 --> 00:49:12,740
going to go ahead and move forward with this part, but I'm bookmarking that conversation

755
00:49:12,740 --> 00:49:14,220
and I'm looking at legal counsel.

756
00:49:14,720 --> 00:49:20,120
At the end, I may need to know if the board were not to go forward with this particular

757
00:49:20,120 --> 00:49:23,820
piece within the fee schedule, can we approve the full fee schedule?

758
00:49:23,960 --> 00:49:26,660
And this is a question for when we get done with the public testimony.

759
00:49:26,660 --> 00:49:34,780
Can we approve the remainder of the fee schedule with this piece coming back at a later date before the deadline of June 30th?

760
00:49:34,800 --> 00:49:39,000
And if not, can we reduce the fee schedule at any amount?

761
00:49:39,380 --> 00:49:48,360
If we were to put the fees in and we have a work session and we decide on the 29th or even on July 5th that we want to reduce those fees to zero

762
00:49:48,360 --> 00:49:51,900
or any other number that's not above what's listed, can we do that?

763
00:49:53,620 --> 00:49:58,000
Okay. Let's move on to public testimony. And this is on the Deschutes County fee schedule.

764
00:49:58,500 --> 00:50:00,900
And I'd like to ask Ms. Gould to join us. Nancy, please.

765
00:50:03,300 --> 00:50:08,920
And then I have Ms. Rowley, I believe. And those are the two individuals I have noted for the fee schedule.

766
00:50:09,960 --> 00:50:12,740
Hello. My name is Nancy Gould. I live in Deschutes County.

767
00:50:12,740 --> 00:50:37,220
I was glad to hear your Director Laylach mention that your average cost of a lot of record is $948.25, and that the proposed fee of $512.15 does not cover the actual cost of service.

768
00:50:37,220 --> 00:50:49,180
It's somewhat troubling to me since your CDD department is fee-based that you're not covering the cost of your service.

769
00:50:50,300 --> 00:50:52,320
And to give you some examples,

770
00:50:55,220 --> 00:51:00,240
things like code enforcement tend not to be funded.

771
00:51:03,020 --> 00:51:14,460
Not collecting these monies, I think, is not appropriate as a beginning policy since the Grinstead case provided case law.

772
00:51:16,260 --> 00:51:17,140
I

773
00:51:20,370 --> 00:51:29,810
don't think there should be a difference in how we treat lot of record whether a property is federally owned or non-fedrally owned.

774
00:51:29,810 --> 00:51:41,010
And you in essence through this work plan are suggesting that the average cost of service of 948-25 be applied towards federal land lots of record.

775
00:51:41,450 --> 00:51:51,690
So I would make the suggestion that you keep the 948-25 as the fee base for all lots of record moving forward.

776
00:51:52,190 --> 00:51:52,870
Thank you.

777
00:51:52,870 --> 00:51:58,010
And I would also add that these lots of record cases

778
00:51:58,010 --> 00:52:00,830
that are coming before you are substantially

779
00:52:01,070 --> 00:52:04,570
more complicated, the low hanging fruit

780
00:52:04,570 --> 00:52:07,530
in your community has been developed out

781
00:52:07,970 --> 00:52:11,050
and these properties do need scrutiny

782
00:52:11,050 --> 00:52:16,970
and that entails multi-review within your department

783
00:52:16,970 --> 00:52:22,930
and inner jurisdiction communication within your departments.

784
00:52:25,090 --> 00:52:30,090
And whether it involves consultation with water rights,

785
00:52:30,470 --> 00:52:35,050
whether it involves consultations with Dogami,

786
00:52:35,830 --> 00:52:39,650
these are complex times in our community,

787
00:52:39,650 --> 00:52:42,870
and it isn't just a simple checklist.

788
00:52:43,390 --> 00:52:45,710
If everything were that way, it would be awesome,

789
00:52:45,710 --> 00:52:49,050
and you would probably be at the lower end of your scale,

790
00:52:49,130 --> 00:52:55,210
but you also heard your director mention that some of these actually cost several thousand dollars.

791
00:52:55,790 --> 00:53:03,470
So, again, I would suggest that if that 948.25 has been ascertained as your average cost,

792
00:53:03,670 --> 00:53:09,770
that that be applied across the board, and it makes it very simple and an action item that could occur today.

793
00:53:10,110 --> 00:53:10,590
Thank you.

794
00:53:10,810 --> 00:53:11,090
Thank you.

795
00:53:13,230 --> 00:53:14,090
You can?

796
00:53:14,290 --> 00:53:14,390
Yes.

797
00:53:14,610 --> 00:53:14,970
Sorry, Nancy.

798
00:53:14,970 --> 00:53:15,810
He has a question.

799
00:53:15,930 --> 00:53:16,410
He has a question.

800
00:53:20,090 --> 00:53:28,230
So I think the reason we're struggling with this isn't – is not so much that we don't

801
00:53:28,230 --> 00:53:29,710
have funds in the budget.

802
00:53:29,830 --> 00:53:34,410
It's really because we've opened up a whole new requirement that some of these people

803
00:53:34,410 --> 00:53:38,390
are having to do a lot of record are not doing very – anything very impactful at

804
00:53:38,390 --> 00:53:38,570
all.

805
00:53:38,570 --> 00:53:45,030
If we found that there was different actual cost of services for different kinds of actions,

806
00:53:45,170 --> 00:53:48,050
would you support a tiering of those?

807
00:53:49,410 --> 00:53:52,270
I think that becomes administratively complicated.

808
00:53:53,310 --> 00:53:57,110
And our community is better served by one fee for all.

809
00:53:58,370 --> 00:53:58,910
Thank you.

810
00:53:59,030 --> 00:54:02,670
I think the challenge comes about if you have an existing home and you're trying

811
00:54:02,670 --> 00:54:07,150
to sell it, and we've already approved everything on the property.

812
00:54:07,150 --> 00:54:14,430
Now those individuals are having to come in and then re-verify whether it's really convoluted.

813
00:54:14,830 --> 00:54:16,510
That's the cost of doing business.

814
00:54:16,810 --> 00:54:25,110
If you develop without a legal lot of record having been ascertained, it's a little bit like buying a car and you don't get the title.

815
00:54:26,090 --> 00:54:27,870
And then someone says, well, help us out.

816
00:54:28,710 --> 00:54:32,170
So the issue for me is moving forward, these are complex.

817
00:54:32,750 --> 00:54:35,970
And this is the cost of doing business today in our community.

818
00:54:35,970 --> 00:54:40,190
And I believe that the CDD should be covering its costs.

819
00:54:40,570 --> 00:54:41,490
Thank you.

820
00:54:41,510 --> 00:54:42,090
Thank you.

821
00:54:42,590 --> 00:54:45,050
Ms. Rowley, and then Ms. Macbeth.

822
00:54:52,340 --> 00:54:52,420
Hi.

823
00:54:53,000 --> 00:54:53,600
Thank you.

824
00:54:53,880 --> 00:55:00,280
I'm Leanne Rowley, and I'm one of those people who, yes, lives in a house on a apparently

825
00:55:00,280 --> 00:55:04,800
non-legal lot of record, which I had no idea of.

826
00:55:04,800 --> 00:55:10,320
My place was subdivided and built on originally developed in 1984.

827
00:55:11,080 --> 00:55:14,720
It had a house when I bought it. It had a barn when I bought it.

828
00:55:14,820 --> 00:55:19,740
It had pastures and fields and a well and a septic when I bought it 13 years ago.

829
00:55:21,000 --> 00:55:24,560
I have done additions. I've put a horse arena up.

830
00:55:24,780 --> 00:55:28,060
Everything went fine. There was nothing in the records to

831
00:55:28,060 --> 00:55:30,180
indicate that I didn't have a legal lot of record.

832
00:55:30,180 --> 00:55:33,620
It was not an issue until this last year.

833
00:55:33,980 --> 00:55:37,200
When I did have it today, I decided that I need to sell my property.

834
00:55:37,860 --> 00:55:44,500
All of a sudden, I have not just the $948 fee, but the additional $1,000 that it cost

835
00:55:44,500 --> 00:55:47,500
to have a lawyer help me fill out all the paperwork.

836
00:55:48,320 --> 00:55:52,220
This is not a fair process for our community.

837
00:55:52,460 --> 00:55:57,740
I understand if it's larger parcels of property that haven't been developed and

838
00:55:57,740 --> 00:55:59,440
that haven't met all those things.

839
00:56:00,000 --> 00:56:04,440
But this is an issue that affects people in this room

840
00:56:04,440 --> 00:56:06,860
who probably don't even know that they have the issue.

841
00:56:07,240 --> 00:56:10,100
I was not even made aware that this was a problem

842
00:56:10,100 --> 00:56:12,200
until I went to list my property.

843
00:56:13,120 --> 00:56:13,820
Thank you.

844
00:56:14,060 --> 00:56:15,860
And again, we were not looking for something

845
00:56:15,860 --> 00:56:17,220
to spend extra time on.

846
00:56:17,380 --> 00:56:19,440
This is something that was handed to us through case law.

847
00:56:19,520 --> 00:56:21,200
So we are doing our best to find balance.

848
00:56:21,820 --> 00:56:26,600
And you know, both aspects and thoughts have merit.

849
00:56:26,600 --> 00:56:29,260
We're trying to figure out the middle ground.

850
00:56:29,620 --> 00:56:34,060
It would be nice if the county could send out notification to people who are in this

851
00:56:34,060 --> 00:56:34,400
issue.

852
00:56:34,960 --> 00:56:38,640
And we are talking about that as well in best ways to get to individuals.

853
00:56:39,500 --> 00:56:40,700
It's happening right now.

854
00:56:40,860 --> 00:56:40,980
Yeah.

855
00:56:41,420 --> 00:56:41,980
Okay, great.

856
00:56:41,980 --> 00:56:42,340
Thank you.

857
00:56:42,860 --> 00:56:45,140
And then, Carol, please join us.

858
00:56:45,760 --> 00:56:48,520
And then I have Mr. Kuhn, and that's the last individual that I have.

859
00:56:50,000 --> 00:56:52,100
I have signed up for the fee schedule.

860
00:56:56,530 --> 00:56:57,570
Good morning, commissioners.

861
00:56:57,570 --> 00:57:01,510
Thank you for the opportunity to speak this morning on behalf of Central Oregon Land Watch.

862
00:57:02,290 --> 00:57:05,510
My name is Carol Macbeth and I'm the staff attorney for Central Oregon Land Watch.

863
00:57:05,930 --> 00:57:09,470
I'd like to speak to you today about a different aspect of your fee schedule, also having

864
00:57:09,470 --> 00:57:10,410
to do with land use.

865
00:57:10,930 --> 00:57:16,870
And that is the cost of appeals to the board of commissioners from one of your hearings

866
00:57:16,870 --> 00:57:17,450
officers.

867
00:57:17,550 --> 00:57:21,770
When a hearings officer makes a decision, how much it costs to come before you

868
00:57:21,770 --> 00:57:24,610
if the person thinks that perhaps the decision was incorrect.

869
00:57:25,510 --> 00:57:28,850
In other counties, this fee is around $250.

870
00:57:29,530 --> 00:57:31,370
Harney County does it for $250.

871
00:57:32,770 --> 00:57:34,650
Willowa County does it for $250.

872
00:57:35,290 --> 00:57:38,670
And Clackamas County and Urban County also grants appeals

873
00:57:38,670 --> 00:57:42,090
and administers quasi-judicial proceedings for $250.

874
00:57:43,110 --> 00:57:48,610
But in the fall of 2015, a woman who lives east of town

875
00:57:48,610 --> 00:57:51,550
in Deschutes County wanted to appeal to you,

876
00:57:52,010 --> 00:57:53,590
a decision from one of your hearings officers,

877
00:57:53,590 --> 00:57:58,990
approving a solar array, two large solar arrays on a property across the road from her.

878
00:57:59,410 --> 00:58:02,050
She was concerned because there's a canal traversing the property.

879
00:58:02,470 --> 00:58:05,510
It's within an irrigation district, so the land appeared to be arable,

880
00:58:05,790 --> 00:58:10,410
which would mean that the Dischutes County's Hearings Officer's decision was incorrect in her opinion,

881
00:58:10,690 --> 00:58:12,810
and she wanted to come before you and appeal it.

882
00:58:13,230 --> 00:58:21,010
But when she asked how much it was cost, she was told it would be $11,276 to come to you.

883
00:58:21,010 --> 00:58:26,850
$11,000 and $726 to come before this board just to make an appeal.

884
00:58:27,330 --> 00:58:30,930
If whatever had happened had she been denied here and gone to Luba,

885
00:58:31,050 --> 00:58:32,510
it would have cost her $400.

886
00:58:33,370 --> 00:58:36,810
So Luba is administering quasi-judicial proceedings for $400.

887
00:58:37,330 --> 00:58:41,210
Harnie County, Wallowa County, Clackamas County can administer them for $250.

888
00:58:41,930 --> 00:58:44,990
The cost to appeal to a hearings officer is $250.

889
00:58:46,570 --> 00:58:53,490
The Court of Appeals here's cases for $373 and the Supreme Court of Oregon here's up for $373.

890
00:58:54,190 --> 00:58:58,390
So we think that your appeals fees are out of line with the cost of administering this procedure.

891
00:58:58,990 --> 00:59:01,830
We're just briefly touched on this in a lot of record discussion.

892
00:59:02,310 --> 00:59:07,590
When someone comes in and asks for a service from the county like a dog license or a lot of record license,

893
00:59:08,050 --> 00:59:10,870
they have to pay for what they're asking for.

894
00:59:10,870 --> 00:59:15,050
When appellants come to you, they're asking for a quasi-judicial proceeding, and that's

895
00:59:15,050 --> 00:59:16,490
what they should be charged for.

896
00:59:16,930 --> 00:59:21,570
We have all this evidence that it should cost a few hundred dollars, but it's cost sometimes

897
00:59:21,570 --> 00:59:25,690
as much as, well, 11,726 is not the highest fee we've seen.

898
00:59:26,070 --> 00:59:31,250
In Tripp County, there was a fee of like $15,000 once to appeal a destination resort.

899
00:59:31,590 --> 00:59:36,830
And your fee schedule will also allow for fees of $15,000 to come here on an appeal.

900
00:59:36,830 --> 00:59:43,730
And so we mentioned in our written testimony, there's a couple of very serious reasons why we disagree with this.

901
00:59:43,850 --> 00:59:50,850
One of them is that the Oregon Constitution actually has a clause called the No Justice for Purchase Clause.

902
00:59:51,710 --> 00:59:57,970
So what it says is that, going back to the Magna Carta, the doors of the courthouse can't be closed to poor people.

903
00:59:57,970 --> 00:59:59,970
but that's effectively what's happening in

904
01:00:00,000 --> 01:00:04,220
To shoot this county, whether you mean to do it or not, only the wealthiest people can

905
01:00:04,220 --> 01:00:10,680
come in and appeal these decisions. They simply can't afford it. And so we urge you to reject

906
01:00:10,680 --> 01:00:15,500
that portion of your, of the fee schedule, the appeals fees portion. It should not be

907
01:00:15,500 --> 01:00:20,800
any tie to how much it costs to apply for a land use. Because what the person is asking

908
01:00:20,800 --> 01:00:24,100
for, who appeals to you, is asking for a quasi-judicial proceeding. They're not

909
01:00:24,100 --> 01:00:28,260
asking for a destination resort or a non-farm dwelling. At the end, they won't have a

910
01:00:28,260 --> 01:00:32,780
non-farm dwelling and they won't have a destination resort, all they're getting is the justice

911
01:00:33,260 --> 01:00:38,500
before you and that's something that everyone is entitled to justice and to correct administration

912
01:00:38,500 --> 01:00:39,200
of the laws.

913
01:00:39,580 --> 01:00:43,400
The special service they're asking for is across a judicial proceeding and the average

914
01:00:43,400 --> 01:00:44,840
cost should be a few hundred dollars.

915
01:00:47,200 --> 01:00:51,160
I'm just going to tell you, read to you what we wrote at the end of our comments.

916
01:00:52,300 --> 01:00:53,660
The harm that results...

917
01:00:53,660 --> 01:00:55,760
Are those comments that we have a copy of?

918
01:00:56,240 --> 01:00:56,620
We will.

919
01:00:58,140 --> 01:01:01,640
We just learned that the PLCs were coming up a few days ago.

920
01:01:01,920 --> 01:01:02,880
Sorry about that.

921
01:01:04,300 --> 01:01:11,560
The harm the results from denying poor people the opportunity to correct error is not merely that abstract legal error will remain on the record.

922
01:01:11,960 --> 01:01:22,080
More fundamentally, it undermines the moral legitimacy of the state's land use system and Oregon courts in the hearts and minds of all but the very wealthiest citizens.

923
01:01:22,080 --> 01:01:26,720
It is contrary to state policy, but it shoots County to insulate the County's land use

924
01:01:26,720 --> 01:01:31,540
decisions from public scrutiny by pricing appellate remedies beyond the reach of interested

925
01:01:31,540 --> 01:01:32,500
members of the community.

926
01:01:33,120 --> 01:01:36,340
Land Watch is very much in favor of having all members of the community participate

927
01:01:36,340 --> 01:01:40,480
in all parts of the planning process, including the appeals process.

928
01:01:40,940 --> 01:01:44,020
And goal one of the land use planning system is public participation.

929
01:01:45,260 --> 01:01:49,980
The County's proposed and its past land use appeals these manifestly discriminate

930
01:01:49,980 --> 01:01:54,700
against participants on the basis of wealth and are inconsistent with the state policy

931
01:01:54,700 --> 01:01:56,900
encouraging public participation by everyone.

932
01:01:57,620 --> 01:02:00,800
So we urge you to deny the proposed appeals fees for the reasons outlined above.

933
01:02:03,510 --> 01:02:04,110
Thank you.

934
01:02:04,210 --> 01:02:05,270
Sorry, but I'm going to choose sooner.

935
01:02:05,890 --> 01:02:05,990
Okay.

936
01:02:05,990 --> 01:02:06,610
So I have them for you.

937
01:02:06,830 --> 01:02:06,890
Okay.

938
01:02:06,890 --> 01:02:09,070
Well, do you have any consideration today to tell them or to share?

939
01:02:09,150 --> 01:02:09,530
It would be great.

940
01:02:09,670 --> 01:02:10,050
Thank you.

941
01:02:10,150 --> 01:02:10,390
Thank you.

942
01:02:10,450 --> 01:02:11,390
I have a question.

943
01:02:11,570 --> 01:02:11,910
Yes, sir.

944
01:02:13,390 --> 01:02:17,170
And maybe CDD would clarify.

945
01:02:17,630 --> 01:02:18,150
Do you have an item?

946
01:02:18,350 --> 01:02:20,310
We've got quite a few pages of fees.

947
01:02:20,310 --> 01:02:25,450
When she refers to a given fee, do you know what page that would be on that we're talking

948
01:02:25,450 --> 01:02:26,510
about in the packet?

949
01:02:26,510 --> 01:02:29,350
We do provide an excerpt of the fee schedule that shows these.

950
01:02:29,470 --> 01:02:30,950
Does it show what page that is?

951
01:02:31,090 --> 01:02:37,490
It's actually an appendix page, but it's item number CPDN 2 and 4.

952
01:02:37,810 --> 01:02:38,030
Okay.

953
01:02:38,310 --> 01:02:38,690
Thank you.

954
01:02:38,870 --> 01:02:40,030
I just wanted to add one more.

955
01:02:40,290 --> 01:02:40,850
That's okay.

956
01:02:40,970 --> 01:02:41,370
I think, yep.

957
01:02:42,270 --> 01:02:44,670
Just so we can – we need to move on for the –

958
01:02:44,670 --> 01:02:45,110
Oh, I see.

959
01:02:45,110 --> 01:02:50,530
here from Nick. We'd love to have comment, and then also if you don't mind going over

960
01:02:50,530 --> 01:02:51,410
that, that'd be great.

961
01:02:51,730 --> 01:02:51,930
Certainly.

962
01:02:51,990 --> 01:02:54,270
Thank you. Sorry, Caroline, you have to –

963
01:02:54,270 --> 01:03:00,970
Commissioner is on page 22 of the fee schedule, and it's near the bottom, and she correctly

964
01:03:00,970 --> 01:03:07,330
identified that the current fee is $2,600 plus 20 percent of the original application

965
01:03:07,950 --> 01:03:15,710
That is proposed to increase to $2,665, so it's a 2.5% increase over the current fee.

966
01:03:15,850 --> 01:03:23,710
And what that fee covers is legal counsel's time multiplied by their hourly internal charge,

967
01:03:24,190 --> 01:03:27,590
and that's what is the base fee of $2665.

968
01:03:28,070 --> 01:03:33,150
The 20% of the original application fee is the amount of time it requires CDD

969
01:03:33,150 --> 01:03:37,570
to prepare the application materials, to conduct the work session with the board,

970
01:03:37,670 --> 01:03:39,950
to conduct the hearing with the board, to write the decision with the board,

971
01:03:40,010 --> 01:03:43,590
to coordinate with legal, the applicant, all of those aspects that we're doing again.

972
01:03:43,730 --> 01:03:47,110
So the fee is intended to cover our actual cost of services.

973
01:03:47,450 --> 01:03:51,930
We also have a $250 fee, like all of the other counties, that were referenced.

974
01:03:52,310 --> 01:03:56,610
If an administrative decision is appealed to the hearings officer,

975
01:03:57,430 --> 01:04:00,630
it's from the hearings officer to the board of county commissioners.

976
01:04:00,630 --> 01:04:03,330
And I think I heard, and I don't mean to refute testimony,

977
01:04:03,530 --> 01:04:06,210
but I think I heard that Clackamas County charges $250.

978
01:04:06,650 --> 01:04:08,050
Clackamas County's Board of County Commissioners,

979
01:04:08,050 --> 01:04:09,170
they do not even hear land use.

980
01:04:10,090 --> 01:04:13,370
So the appeal fee is to either a hearings officer

981
01:04:13,370 --> 01:04:17,170
or the planning commission, but their board doesn't

982
01:04:17,170 --> 01:04:17,750
hear land use at all.

983
01:04:17,810 --> 01:04:19,490
It goes directly from either the planning commission

984
01:04:19,490 --> 01:04:20,630
or the hearings officer directly

985
01:04:20,630 --> 01:04:21,610
to the land use board of appeals.

986
01:04:22,710 --> 01:04:24,950
And that's, it's a decision that our Board

987
01:04:24,950 --> 01:04:26,910
of County Commissioners has made for decades

988
01:04:26,910 --> 01:04:29,110
to hear land use decisions and then to cover

989
01:04:29,110 --> 01:04:30,110
the actual cost of service.

990
01:04:30,110 --> 01:04:33,950
And there have been times where we have declined to hear a matter because we felt that it

991
01:04:33,950 --> 01:04:35,490
was best suited to go to Luba.

992
01:04:35,830 --> 01:04:42,930
So I think we have a mix of we try to be available to the public because we are your public servants

993
01:04:42,930 --> 01:04:43,470
for that.

994
01:04:43,870 --> 01:04:47,230
But if we have felt that it made most sense for it to go straight to Luba, we've done

995
01:04:47,230 --> 01:04:47,770
that as well.

996
01:04:47,890 --> 01:04:51,430
I would just like to clarify that the fee can be charged by Oregon statute.

997
01:04:51,690 --> 01:04:55,910
The legislature has told the county that it may charge for these costs that he's

998
01:04:55,910 --> 01:04:56,410
talking about.

999
01:04:56,410 --> 01:05:01,810
The question is, who is it to be charged and it is not the appellant, it is the person

1000
01:05:01,810 --> 01:05:07,010
who's applying because it's actually, the county knows how much on average it will cost

1001
01:05:07,010 --> 01:05:11,010
to go from the beginning of, for example, a non-farm dwelling to the end.

1002
01:05:11,230 --> 01:05:14,750
There are an average number of appeals and there's an average cost for those appeals

1003
01:05:14,750 --> 01:05:18,250
and that cost has to be charged to the person who's looking for a non-farm dwelling.

1004
01:05:18,630 --> 01:05:20,350
Appellants aren't looking for a non-farm dwelling.

1005
01:05:20,570 --> 01:05:23,970
They're not looking for a destination resort and they can't be made to pay for them.

1006
01:05:23,970 --> 01:05:29,830
It's against the law and that's why we're going to we wanted to urge you to deny it. Okay. Thank you

1007
01:05:29,830 --> 01:05:32,970
And we are done with your testimony. Okay, so much you want to ask the question

1008
01:05:32,970 --> 01:05:39,870
I thought you said the fee was eleven thousand seven hundred twenty six and you're talking about two thousand two hundred or something

1009
01:05:39,870 --> 01:05:41,690
What's that was a hundred percent?

1010
01:05:42,110 --> 01:05:47,750
That is tacked on that twenty percent can make it as high as eleven thousand two hundred seventy six starting from two thousand

1011
01:05:47,750 --> 01:05:52,690
So you're but so I understand what you're saying because we haven't talked about this before you're saying

1012
01:05:52,690 --> 01:05:55,810
It's not that a fee is charged to pay for services.

1013
01:05:56,070 --> 01:06:01,690
It just should be the applicant that pays if anybody wants to appeal at the applicant pays that if the

1014
01:06:01,690 --> 01:06:05,910
Applicant wants to appeal he would he would the applicant would pay at the 250

1015
01:06:05,910 --> 01:06:10,890
But the charges of all the other charges that aren't associated with the quasi judicial proceeding

1016
01:06:11,450 --> 01:06:16,730
Must go somewhere else but to the appellant because all the appellant is asking for is that hearing?

1017
01:06:16,930 --> 01:06:18,590
They're not asking for any other services

1018
01:06:18,590 --> 01:06:23,230
And if Clackamas County is not hearing him, I didn't know that it just says a local appeal fee.

1019
01:06:23,590 --> 01:06:26,490
But Wallowa and Harney appear to be really there.

1020
01:06:26,630 --> 01:06:28,170
The commissioners are doing it for 250.

1021
01:06:28,410 --> 01:06:31,430
And again, one could go across the street to the Dishies County Courthouse.

1022
01:06:31,990 --> 01:06:33,590
The appeals fee there is $252.

1023
01:06:33,890 --> 01:06:35,650
So I just don't understand why it would be more than that.

1024
01:06:35,850 --> 01:06:37,930
Okay. That's all right. We'll get clarity. Please.

1025
01:06:37,970 --> 01:06:38,490
Give me the provide.

1026
01:06:39,030 --> 01:06:43,850
And the $11,000 was for two solar farms,

1027
01:06:44,130 --> 01:06:46,590
and they were approximately $5,700 apiece.

1028
01:06:46,990 --> 01:06:50,930
because it was $2,600 plus 20% of the original application fee,

1029
01:06:51,050 --> 01:06:52,910
which included conditional use permit, site plan,

1030
01:06:53,310 --> 01:06:55,210
and I can't recall what the other pieces were.

1031
01:06:55,410 --> 01:06:57,670
So the appeal fees on each one of those were, I think,

1032
01:06:57,970 --> 01:07:00,390
it may have even been a bit above $11,000.

1033
01:07:01,050 --> 01:07:04,130
The only other part I would mention is that

1034
01:07:04,130 --> 01:07:06,150
when we receive any land use application,

1035
01:07:07,430 --> 01:07:10,450
if it is complicated, if it's controversial,

1036
01:07:10,910 --> 01:07:12,410
if it's a matter of first impression,

1037
01:07:12,550 --> 01:07:14,910
which means the board is going to be interpreting it,

1038
01:07:14,910 --> 01:07:22,670
We send that to a hearings officer initially and the applicant bears that cost of $5,000

1039
01:07:23,770 --> 01:07:27,050
or it's the actual cost of service that we build at the hearings officer.

1040
01:07:27,210 --> 01:07:32,810
So we've had those go as high as $14,000, that's a complete extreme, but it's not

1041
01:07:32,810 --> 01:07:38,270
uncommon for them to range between $4,500 and $5,500 and I'm not trying to provide

1042
01:07:38,270 --> 01:07:43,790
a justification of the appeal fee cost whatsoever, but I just want you to know that we

1043
01:07:43,790 --> 01:07:50,170
We do make sure that a public hearing is conducted if an application is deserving of a hearing

1044
01:07:50,170 --> 01:07:51,050
to a hearing's officer.

1045
01:07:51,170 --> 01:07:51,230
Right.

1046
01:07:51,310 --> 01:07:52,030
But it's not to the board.

1047
01:07:52,590 --> 01:07:54,190
So I sort of hear that.

1048
01:07:54,330 --> 01:08:01,390
So it sounds like a point of discussion for us as we go forward in terms of the challenges

1049
01:08:01,390 --> 01:08:02,210
and making sure.

1050
01:08:02,330 --> 01:08:06,350
And I also hear your testimony that it isn't the amount, it's also who pays as well.

1051
01:08:07,170 --> 01:08:07,530
Yes.

1052
01:08:08,290 --> 01:08:10,730
I think the amounts are very carefully documented.

1053
01:08:11,170 --> 01:08:11,430
Okay.

1054
01:08:11,590 --> 01:08:12,070
Thank you.

1055
01:08:12,070 --> 01:08:12,650
Thank you.

1056
01:08:12,930 --> 01:08:13,350
All right.

1057
01:08:14,270 --> 01:08:16,070
Next I have Mr. Kuhn.

1058
01:08:16,530 --> 01:08:16,950
Will you please?

1059
01:08:17,250 --> 01:08:17,670
There you are.

1060
01:08:18,210 --> 01:08:24,310
And then last card I have on the fee schedule for the county is Mr. Sadi.

1061
01:08:26,670 --> 01:08:27,290
Okay, great.

1062
01:08:27,490 --> 01:08:27,890
Okay.

1063
01:08:28,090 --> 01:08:28,550
You're on deck.

1064
01:08:30,600 --> 01:08:33,840
And I am going to start limiting testimony to three minutes.

1065
01:08:35,840 --> 01:08:36,980
We have to get word.

1066
01:08:37,540 --> 01:08:38,480
Good morning, commissioners.

1067
01:08:38,500 --> 01:08:39,700
My name is William Kuhn.

1068
01:08:39,760 --> 01:08:44,000
I live at 65575 Sizemore Road, which is right in the middle of the Tumulow winter

1069
01:08:44,000 --> 01:08:54,780
dear range and I care about wildlife. If you cut fees for development purposes, you have

1070
01:08:54,780 --> 01:09:02,140
fewer fees available to protect things like wildlife. You have fewer fees available for

1071
01:09:02,620 --> 01:09:11,140
your staff. You have fewer fees available to deal with those other issues that don't

1072
01:09:11,140 --> 01:09:18,300
produce fees themselves. For example, code enforcement. If you don't have enough fees to pay for code

1073
01:09:18,300 --> 01:09:24,000
enforcement, if you don't have enough fees to pay for the wildlife protection, I'm going to be upset

1074
01:09:25,520 --> 01:09:32,160
because I want the wildlife protected. I'd like to bring to your attention something that happened

1075
01:09:32,160 --> 01:09:41,100
And a long time ago in Deschutes County, there was a requirement by developers to record

1076
01:09:41,100 --> 01:09:50,320
the, excuse me, there was a requirement by the county to have the Director of Community

1077
01:09:50,320 --> 01:09:54,660
Development Department record final partition plat maps.

1078
01:09:54,660 --> 01:10:02,480
That code was in force until about 1986 or so.

1079
01:10:03,460 --> 01:10:12,220
Prior to that, many of the final partition plaque maps were never recorded as they should have been,

1080
01:10:12,280 --> 01:10:16,960
as they were required to be by ORS 92.025.

1081
01:10:16,960 --> 01:10:25,660
I'm calling to your attention that in 2004, after four years of begging and pleading this

1082
01:10:25,660 --> 01:10:33,880
county, this county commission and CDD to record our final partition plat map, the map

1083
01:10:33,880 --> 01:10:34,620
was recorded.

1084
01:10:34,960 --> 01:10:44,220
In that process, I discovered some 500 parcels that could be in the same position

1085
01:10:44,220 --> 01:10:44,960
that we are.

1086
01:10:44,960 --> 01:10:50,640
It is the misfeasance and non-feasance of this county that caused this.

1087
01:10:50,960 --> 01:10:52,100
At this point in time.

1088
01:10:52,840 --> 01:10:55,040
I think he's going back to a lot of record, I would say.

1089
01:10:55,180 --> 01:10:56,220
Yes, that is correct.

1090
01:10:57,300 --> 01:11:01,320
A lot of record is the focus of this.

1091
01:11:01,760 --> 01:11:07,500
This county needs to look at the history that it is produced.

1092
01:11:08,900 --> 01:11:12,560
These fees are necessary to correct on these parcels.

1093
01:11:12,560 --> 01:11:16,230
I'll stop there. Thank you.

1094
01:11:16,450 --> 01:11:17,390
Thank you very much.

1095
01:11:18,870 --> 01:11:19,910
Thank you, Commissioner.

1096
01:11:20,010 --> 01:11:20,810
It's Tony Ossetti.

1097
01:11:21,510 --> 01:11:32,250
And under Terrell McBeth's testimony about, you know, justice being paid for only for the rich,

1098
01:11:33,290 --> 01:11:36,770
I've been in this situation by appeals to Luba,

1099
01:11:37,210 --> 01:11:41,730
and also they appealed my application to you.

1100
01:11:41,730 --> 01:11:50,170
But so, I'm sitting here thinking, wow, they paid $200 or $300 or $400 of Luba to appeal

1101
01:11:50,170 --> 01:11:54,670
and it caused me tens and tens of thousands of dollars to defend what I'd already won

1102
01:11:54,670 --> 01:11:58,570
at two locations or two entities at the county level.

1103
01:11:59,090 --> 01:12:03,950
So with that being said, they want to be able to appeal for a minimal amount of money

1104
01:12:03,950 --> 01:12:08,570
and I have to defend for a grand amount of money, something.

1105
01:12:08,570 --> 01:12:16,330
So maybe the fair thing to do is whatever costs the applicant, it should cost the appellant.

1106
01:12:17,710 --> 01:12:22,370
If they want to have skin in the game, this brings them to the table.

1107
01:12:22,670 --> 01:12:29,310
If they want to have fair justice, just like I made an application and to have that fair justice applied,

1108
01:12:30,050 --> 01:12:35,010
therefore one hand weighs the other hand.

1109
01:12:35,010 --> 01:12:40,470
And their fees to appeal should be the same amount that it costs the applicant to get

1110
01:12:40,470 --> 01:12:43,090
the same definition of justice.

1111
01:12:43,890 --> 01:12:50,350
So have some skin in the game, have the same monetary responsibility as the applicant,

1112
01:12:50,990 --> 01:12:57,290
and then I think that would be a fair way of balancing justice in their own words.

1113
01:12:57,290 --> 01:13:08,750
And I believe Ms. Ghoul said something about the $925 fee being applicable, do not lower it.

1114
01:13:09,930 --> 01:13:14,710
And I believe that's, you know, if that's the average cost, that's the average cost.

1115
01:13:14,890 --> 01:13:19,150
But the average cost on both sides of the fence should be applied.

1116
01:13:19,690 --> 01:13:20,170
Thank you.

1117
01:13:20,550 --> 01:13:21,370
Thank you.

1118
01:13:28,480 --> 01:13:28,960
Thank you.

1119
01:13:29,540 --> 01:13:29,760
Okay.

1120
01:13:30,280 --> 01:13:31,160
Anyone else?

1121
01:13:31,640 --> 01:13:32,640
Last call for fee schedule.

1122
01:13:32,640 --> 01:13:38,380
All right. Looking at the legal counsel, do we have some options before us?

1123
01:13:38,560 --> 01:13:39,660
Just so the board has direction.

1124
01:13:40,940 --> 01:13:47,440
Commissioners, yes. I think all three options that you previously identified are certainly valid.

1125
01:13:47,620 --> 01:13:51,460
You can approve the resolution as is, and then you can come back in a later date

1126
01:13:51,460 --> 01:13:56,360
just specific to the lot of record fees or any other changes you want to make.

1127
01:13:56,460 --> 01:14:01,000
Of course, that subsequent resolution would need to be approved prior to July 1.

1128
01:14:01,480 --> 01:14:11,720
You could certainly continue the resolution the entire matter today to a later meeting and then approve it at that time with some changes that would probably produce a cleaner record.

1129
01:14:13,140 --> 01:14:19,840
And then of course you can what I would describe as calling an audible I think you can remove several of the line items regarding a lot of record.

1130
01:14:21,480 --> 01:14:25,220
one of the commissioners could propose a motion that is approving all of it

1131
01:14:25,220 --> 01:14:29,800
subject to a couple of the line items regarding a lot of record and then come

1132
01:14:29,800 --> 01:14:34,400
back at a later date with a new resolution just for those lot of record

1133
01:14:34,400 --> 01:14:39,080
line items. Okay, excellent. All the ideas that were put forward earlier I

1134
01:14:39,080 --> 01:14:42,900
think are supported by the Deschutes County Code. Excellent, thank you. Okay,

1135
01:14:43,200 --> 01:14:49,240
so I would look to my colleagues at this point on what direction you'd

1136
01:14:50,320 --> 01:14:54,240
Well, I don't think we are too far off. I was advocating for that lower fee to be added,

1137
01:14:54,420 --> 01:14:58,660
you know, to be included in the fee schedule, and then for the discussion to be had in the near future.

1138
01:14:58,840 --> 01:14:59,980
So I'm kind of...

1139
01:15:00,000 --> 01:15:01,740
Pleased with all three options also.

1140
01:15:02,280 --> 01:15:02,860
Okay.

1141
01:15:02,920 --> 01:15:03,220
Yeah.

1142
01:15:04,000 --> 01:15:05,360
We're going to try to narrow it down.

1143
01:15:06,280 --> 01:15:12,700
If you look at page 24 of the fee schedule, that 512.50 is there.

1144
01:15:13,040 --> 01:15:13,220
Okay.

1145
01:15:15,100 --> 01:15:20,420
So you adopt it as if the lower and the higher fee are both included.

1146
01:15:21,060 --> 01:15:21,320
Okay.

1147
01:15:21,800 --> 01:15:26,940
But just to be clear, we can, what would it take for us to amend that fee in the future?

1148
01:15:26,940 --> 01:15:33,640
I would propose a subsequent resolution that had a new exhibit A with just those

1149
01:15:33,640 --> 01:15:38,360
up particularly line items attached. And would we need to do that before July 1st?

1150
01:15:38,440 --> 01:15:44,420
Yes. Can we change the fees in August if we are reducing not raising?

1151
01:15:44,860 --> 01:15:47,840
There are procedures. I would need to go back and look through the

1152
01:15:49,380 --> 01:15:53,380
Deschutes County Code 4.12 a little bit more carefully, but I didn't know that

1153
01:15:53,380 --> 01:15:58,480
that there are options for emergency fees and for some other changes, perhaps one of

1154
01:15:58,480 --> 01:15:59,520
those options would apply.

1155
01:16:00,340 --> 01:16:00,500
Wait.

1156
01:16:01,620 --> 01:16:01,900
Okay.

1157
01:16:02,340 --> 01:16:02,700
Well, for Claire?

1158
01:16:03,080 --> 01:16:03,440
Yeah.

1159
01:16:03,580 --> 01:16:04,100
No, I'll let him.

1160
01:16:04,320 --> 01:16:04,540
Okay.

1161
01:16:04,620 --> 01:16:04,860
She's ready.

1162
01:16:06,880 --> 01:16:09,380
Well, so there's, you know, pages and pages of fees.

1163
01:16:09,540 --> 01:16:12,300
Lots of them aren't changed, so I don't really have questions about those.

1164
01:16:13,340 --> 01:16:19,960
I received a memo this morning that had been emailed last night detailing the two

1165
01:16:19,960 --> 01:16:21,220
areas where there are changes.

1166
01:16:21,220 --> 01:16:27,040
changes. One is there's some significant changes in the health fees. I haven't had a chance

1167
01:16:27,040 --> 01:16:28,740
to read the memo. I got it this morning.

1168
01:16:31,000 --> 01:16:34,260
You know, we had a work session a month ago

1169
01:16:34,260 --> 01:16:39,920
on this. So I want to understand why, what the increase in the health fees are about.

1170
01:16:40,080 --> 01:16:43,940
I haven't heard anybody, I haven't heard anybody talk to me. I haven't read, you

1171
01:16:43,940 --> 01:16:47,860
know, we just got, like I said, I felt the memo should have been something I got

1172
01:16:47,860 --> 01:16:52,440
a few days ago. I also have questions with regard to the increase in the building fees,

1173
01:16:52,940 --> 01:17:00,200
which is the other big area, that certain areas. So I have questions about that. So I just want

1174
01:17:00,200 --> 01:17:03,500
to understand what those are. This may be a routine thing we do every year, but it's

1175
01:17:03,500 --> 01:17:07,060
the first time I've done it. But there's, again, I don't know why certain areas are

1176
01:17:07,060 --> 01:17:11,420
going up. The electrical fees are going up, but another isn't. I'm concerned we've

1177
01:17:11,420 --> 01:17:17,460
had a lot of increases in building fees over the last six or seven years, and

1178
01:17:17,460 --> 01:17:19,020
I don't know that these are necessary.

1179
01:17:20,940 --> 01:17:25,260
The third thing is I've heard some comments today that, well, we need all these fees because

1180
01:17:25,260 --> 01:17:26,720
we're lacking funds for enforcement.

1181
01:17:26,920 --> 01:17:28,880
We're not lacking funds for enforcement.

1182
01:17:30,180 --> 01:17:32,040
We just went through budget hearings.

1183
01:17:32,760 --> 01:17:37,000
We have significantly more revenues coming in from community development right now

1184
01:17:37,000 --> 01:17:39,520
than we spent last year.

1185
01:17:40,440 --> 01:17:44,960
I think we're going to have that again this year, so for those of you that think

1186
01:17:44,960 --> 01:17:48,380
I think that's the reason, if you have a question about enforcement, it's lack of

1187
01:17:48,380 --> 01:17:48,540
fees.

1188
01:17:48,720 --> 01:17:50,800
That isn't, in my opinion, that's not the case.

1189
01:17:51,360 --> 01:17:56,740
And then the fourth thing on a lot of record, I really want to understand, we're going

1190
01:17:56,740 --> 01:18:03,740
before we set any new fees on it, because I don't know the scope of the problem.

1191
01:18:04,180 --> 01:18:08,740
I want to understand why, how they came, the community development came up with

1192
01:18:08,740 --> 01:18:19,260
an actual cost of service. I take it that's true but I want to understand it because it's

1193
01:18:19,260 --> 01:18:21,100
a large fee for people.

1194
01:18:24,180 --> 01:18:27,440
It's not just that fee, it's other things. It's a surprise to

1195
01:18:27,440 --> 01:18:35,840
people. The analogy was made to buying a car. Well, when you think when you buy a car you

1196
01:18:35,840 --> 01:18:40,280
get the title, the title's good. What we're really telling people is the title's good,

1197
01:18:40,300 --> 01:18:44,040
but you can't do with the car what you thought you could. And so it's really different than

1198
01:18:44,460 --> 01:18:48,940
that. I just, I think we need to go further on that. So I have the three things we're

1199
01:18:48,940 --> 01:18:52,360
talking about. I don't have any problems with the other, you know, things like SDCs

1200
01:18:52,360 --> 01:18:56,760
and things that are other jurisdictions have set in the Black Beauty and Sun River.

1201
01:18:56,860 --> 01:19:02,540
But I, I'd like some more information and I just feel unprepared to do those today.

1202
01:19:02,540 --> 01:19:08,500
Okay, so the memo I've been on conference calls this morning is the memo new fees from

1203
01:19:08,500 --> 01:19:12,680
health that are, we had a work session where we went through and identified why we were

1204
01:19:12,680 --> 01:19:21,100
doing percentage increase for CDD and we also had the increase the state dollars in cost

1205
01:19:21,100 --> 01:19:22,360
of service from health.

1206
01:19:22,540 --> 01:19:29,240
Was the memo new fees associated with the fee schedule or were they outlining clarification?

1207
01:19:29,240 --> 01:19:34,400
The memo was the same memo that you received for the work session where they were clarifying

1208
01:19:34,400 --> 01:19:35,820
why their changes were made.

1209
01:19:36,140 --> 01:19:41,520
No new changes have been requested as presented at the work session that we discussed.

1210
01:19:42,230 --> 01:19:47,480
We have had what feels like six years worth of work between the work session a month

1211
01:19:47,480 --> 01:19:49,400
ago and today.

1212
01:19:49,760 --> 01:19:51,600
So here is what I'm going to propose.

1213
01:19:52,560 --> 01:19:58,360
Rather than – and I'm thinking of a clean record, I think, Chris, what's

1214
01:19:58,360 --> 01:20:01,400
What's going to make most sense is that we hold off on this and continue this hearing

1215
01:20:01,400 --> 01:20:04,180
to another date certain that's before the end of the year.

1216
01:20:04,540 --> 01:20:08,380
And that offers us an opportunity to have the work session on a lot of record, consider

1217
01:20:08,380 --> 01:20:12,780
some of these other pieces, be able to dust off the information that we received from

1218
01:20:12,780 --> 01:20:17,240
the work session not too long ago, and bring this back as a fully loaded decision.

1219
01:20:18,320 --> 01:20:23,380
So I would look to administration in terms of which day that makes sense to do.

1220
01:20:23,380 --> 01:20:29,460
And that would be a continuation of the public hearing, but at that, are we required to take

1221
01:20:29,460 --> 01:20:31,440
further testimony at that point?

1222
01:20:32,600 --> 01:20:35,380
What I wouldn't – I think we've gathered the concerns.

1223
01:20:36,080 --> 01:20:41,980
This allows us an opportunity to digest that, and I just don't want to waste a group

1224
01:20:41,980 --> 01:20:49,800
of time if folks – it's more for us to have the procedure of decision versus oral

1225
01:20:49,800 --> 01:20:50,160
testimony.

1226
01:20:50,720 --> 01:20:51,540
Yes, Chair.

1227
01:20:51,640 --> 01:20:52,680
I think that would be your discretion.

1228
01:20:52,680 --> 01:20:59,460
Okay, very good. So to offer clarity for individuals, I am recommending that we not have oral testimony

1229
01:20:59,460 --> 01:21:04,220
at the – when we bring this back for a decision. But it allows us – we, of course, will have

1230
01:21:04,220 --> 01:21:09,900
any changes posted so that individuals can get us information prior to the meeting.

1231
01:21:10,220 --> 01:21:11,500
Is that good?

1232
01:21:11,720 --> 01:21:18,680
All right. Okay. So we are continuing this hearing on this fee schedule until…

1233
01:21:19,760 --> 01:21:23,400
Commissioner, as you actually have four meetings between now and the end of the month, two

1234
01:21:23,400 --> 01:21:28,440
next week and two the following week, I would suggest just continue to provide a cushion

1235
01:21:28,440 --> 01:21:34,740
that either of the two meetings next week, either the 19th or the 21st, might be a better

1236
01:21:34,740 --> 01:21:35,080
choice.

1237
01:21:35,360 --> 01:21:35,640
Okay.

1238
01:21:35,980 --> 01:21:37,480
Let's go for the 21st.

1239
01:21:37,780 --> 01:21:37,940
Okay.

1240
01:21:39,040 --> 01:21:39,260
Excellent.

1241
01:21:39,260 --> 01:21:40,200
Question for legal.

1242
01:21:41,220 --> 01:21:45,940
I have to post a public notice when we have the public hearing.

1243
01:21:46,620 --> 01:21:52,560
will, as one was posted for this meeting, will I need to then post for the next one?

1244
01:21:52,720 --> 01:21:54,580
And if so, I'll need more lead time.

1245
01:21:56,420 --> 01:22:00,040
Because it was posted for this meeting, we can certainly talk offline, but my understanding

1246
01:22:00,040 --> 01:22:04,660
is because it was posted for this meeting and the item is being continued, my understanding

1247
01:22:04,660 --> 01:22:06,960
is you should not need to repost the, you know.

1248
01:22:06,960 --> 01:22:07,220
Okay.

1249
01:22:07,420 --> 01:22:07,700
Perfect.

1250
01:22:07,940 --> 01:22:08,680
Yeah, this is continuing.

1251
01:22:08,840 --> 01:22:12,560
I think it's to a date certain, so that helps us out there as well.

1252
01:22:12,560 --> 01:22:18,640
So but yeah, if you want to just verify that sounds great. All right. All right. Well, look at us be like a herd of turtles

1253
01:22:18,640 --> 01:22:19,520
Let's move on

1254
01:22:20,660 --> 01:22:23,340
So that was item 13 lucky number 13

1255
01:22:24,900 --> 01:22:27,260
Miss Chris, I'm not sure that we're finished with your

1256
01:22:28,300 --> 01:22:32,960
Expertise we have a public hearing now on consideration of board signature of resolution number 2017

1257
01:22:33,700 --> 01:22:39,380
Dash zero to zero and this is just going to go by very quickly black butte ranch county service district

1258
01:22:39,380 --> 01:22:44,740
free schedule do we have any changes or no changes were requested all right so

1259
01:22:44,740 --> 01:22:50,160
with that do we have the public hearing is open I have not received any cards

1260
01:22:50,160 --> 01:22:53,520
stating that you would like to weigh in on black butte ranches service district

1261
01:22:53,520 --> 01:22:58,660
anyone left all right so I'm going to close the public hearing and I would

1262
01:22:58,660 --> 01:23:05,100
welcome a motion if we feel moved for pro approval of resolution number 2017

1263
01:23:05,100 --> 01:23:09,760
17-020 Black Butte Ranch County Service District fee schedule.

1264
01:23:10,080 --> 01:23:10,560
Second.

1265
01:23:10,840 --> 01:23:11,120
Okay.

1266
01:23:11,400 --> 01:23:11,780
Excellent.

1267
01:23:11,940 --> 01:23:12,460
Further discussion?

1268
01:23:12,960 --> 01:23:13,600
Commissioner Henderson?

1269
01:23:14,020 --> 01:23:14,140
Yes.

1270
01:23:14,340 --> 01:23:14,940
Commissioner DeBone?

1271
01:23:15,080 --> 01:23:15,260
Yes.

1272
01:23:15,480 --> 01:23:16,100
Chair votes yes.

1273
01:23:16,420 --> 01:23:16,880
All right.

1274
01:23:17,060 --> 01:23:20,480
Now we're going to move on to item 15, consideration of board signature of resolution

1275
01:23:20,480 --> 01:23:21,940
number 2017-021.

1276
01:23:22,960 --> 01:23:26,580
Does she use County 9-1-1 County Service District fee schedule and do we have any

1277
01:23:26,580 --> 01:23:27,120
changes?

1278
01:23:27,560 --> 01:23:28,420
No changes requested.

1279
01:23:28,800 --> 01:23:29,060
Okay.

1280
01:23:29,120 --> 01:23:29,500
Excellent.

1281
01:23:29,680 --> 01:23:30,560
The public hearing is open.

1282
01:23:30,660 --> 01:23:32,200
Would anyone like to weigh in on this budget?

1283
01:23:33,460 --> 01:23:33,760
Okay.

1284
01:23:33,760 --> 01:23:36,220
Seeing none, I will go ahead and close the public hearing.

1285
01:23:36,780 --> 01:23:37,920
And I would welcome a motion.

1286
01:23:38,780 --> 01:23:42,760
Move Board Signature of Resolution Number 2017-021.

1287
01:23:44,400 --> 01:23:44,960
Second.

1288
01:23:45,260 --> 01:23:45,600
OK.

1289
01:23:46,100 --> 01:23:46,720
Further discussion?

1290
01:23:47,380 --> 01:23:47,880
Commissioner DeBone?

1291
01:23:48,040 --> 01:23:48,200
Yes.

1292
01:23:48,380 --> 01:23:48,880
Commissioner Henderson?

1293
01:23:49,160 --> 01:23:49,280
Yes.

1294
01:23:49,520 --> 01:23:50,100
Chair votes yes.

1295
01:23:51,000 --> 01:23:51,980
Next, Item 16.

1296
01:23:52,580 --> 01:23:54,660
Public hearing is open on consideration

1297
01:23:54,660 --> 01:23:57,920
of Board Signature of Resolution Number 2017-022.

1298
01:23:58,240 --> 01:23:58,500
Bless you.

1299
01:23:58,880 --> 01:24:01,360
Extension for H County Service District fee schedule.

1300
01:24:02,240 --> 01:24:02,880
Any changes?

1301
01:24:02,880 --> 01:24:03,560
No changes.

1302
01:24:03,780 --> 01:24:04,320
All right.

1303
01:24:05,400 --> 01:24:06,480
Public hearing is open.

1304
01:24:06,560 --> 01:24:09,120
Would anyone like to approach the board on this item on this budget?

1305
01:24:09,940 --> 01:24:10,360
Okay.

1306
01:24:10,640 --> 01:24:10,980
Seeing none.

1307
01:24:11,200 --> 01:24:11,680
Hearing is closed.

1308
01:24:12,160 --> 01:24:12,940
I would welcome a motion.

1309
01:24:13,740 --> 01:24:23,320
I move approval of Resolution Number 2017, Days 022 Extension 4-H County Service District

1310
01:24:23,320 --> 01:24:24,240
Fee Schedule.

1311
01:24:24,640 --> 01:24:24,940
Second.

1312
01:24:25,260 --> 01:24:25,560
Okay.

1313
01:24:25,800 --> 01:24:26,300
Further discussion?

1314
01:24:26,760 --> 01:24:27,400
Commissioner Henderson?

1315
01:24:27,720 --> 01:24:27,860
Yes.

1316
01:24:28,000 --> 01:24:28,460
Commissioner DeBone?

1317
01:24:28,560 --> 01:24:28,680
Yes.

1318
01:24:28,920 --> 01:24:29,480
Chair votes yes.

1319
01:24:29,480 --> 01:24:34,060
Next item, consideration of public hearing is open and consideration of board signature

1320
01:24:34,060 --> 01:24:39,000
of resolution number 2017-023, Sun River Service District fee schedule.

1321
01:24:39,340 --> 01:24:39,940
Any changes?

1322
01:24:40,800 --> 01:24:40,960
None.

1323
01:24:41,400 --> 01:24:41,760
Okay.

1324
01:24:42,000 --> 01:24:44,560
Would anyone like to approach the board on this budget for Sun River?

1325
01:24:45,340 --> 01:24:49,300
Seeing none, I will go ahead and close the public hearing and welcome my motion.

1326
01:24:49,680 --> 01:24:54,680
I move board signature of resolution number 2017-023 to Sun River Service District fee

1327
01:24:54,680 --> 01:24:55,080
schedule.

1328
01:24:55,720 --> 01:24:56,180
Second.

1329
01:24:56,520 --> 01:24:56,840
Okay.

1330
01:24:57,020 --> 01:24:57,580
For the discussion.

1331
01:24:58,280 --> 01:24:59,180
Mr. DeBone?

1332
01:24:59,620 --> 01:25:00,060
Mr. Henderson?

1333
01:25:00,480 --> 01:25:00,660
Yes.

1334
01:25:00,940 --> 01:25:01,680
Chair votes yes.

1335
01:25:02,100 --> 01:25:02,620
Okay.

1336
01:25:03,160 --> 01:25:04,560
And I think-

1337
01:25:04,560 --> 01:25:04,920
That's all.

1338
01:25:05,080 --> 01:25:05,620
Thank you.

1339
01:25:05,800 --> 01:25:05,900
Thank you.

1340
01:25:05,900 --> 01:25:06,520
Very much.

1341
01:25:06,720 --> 01:25:07,340
Yes, you will.

1342
01:25:07,720 --> 01:25:08,180
All right.

1343
01:25:08,700 --> 01:25:10,700
Next item on the agenda is a public hearing.

1344
01:25:10,980 --> 01:25:14,320
This is the consideration of adoption of the Community Development Department annual

1345
01:25:14,320 --> 01:25:16,160
work plan and annual report.

1346
01:25:16,520 --> 01:25:17,340
Mr. Lelac.

1347
01:25:17,720 --> 01:25:22,920
And then I do have a handful of individuals who are interested in providing feedback

1348
01:25:22,920 --> 01:25:23,540
on this.

1349
01:25:25,280 --> 01:25:30,820
And I would ask, since we have a fair stack, and so if you, if someone states your comments already,

1350
01:25:30,940 --> 01:25:33,260
we will take those into consideration.

1351
01:25:33,520 --> 01:25:36,740
So if you, you know, feel free to offer brevity.

1352
01:25:37,420 --> 01:25:38,080
Ditto is great.

1353
01:25:38,340 --> 01:25:41,600
And if you have not filled out one of these, please do what this fine gentleman is doing,

1354
01:25:41,920 --> 01:25:42,620
hand them to Sharon.

1355
01:25:42,700 --> 01:25:44,760
She'll get them to me, and we'll get everyone through the process.

1356
01:25:44,980 --> 01:25:46,040
So Mr. Lelac, please.

1357
01:25:46,460 --> 01:25:46,800
Thank you.

1358
01:25:47,540 --> 01:25:48,280
Thank you, commissioners.

1359
01:25:48,360 --> 01:25:51,040
And I will do my best in terms of brevity as well.

1360
01:25:51,040 --> 01:25:54,340
I've got a number of slides here to go through and I'll attempt to move through them very

1361
01:25:54,340 --> 01:25:54,680
quickly.

1362
01:25:54,960 --> 01:25:59,320
What I will say at the beginning is that I received a couple of calls that may have

1363
01:25:59,320 --> 01:26:00,960
been confusing to some folks.

1364
01:26:01,020 --> 01:26:04,800
We issued the press release stating that this is a public hearing and consideration

1365
01:26:04,800 --> 01:26:08,980
for the department's work plan and then we highlighted some of the items that are

1366
01:26:08,980 --> 01:26:13,780
on the work plan and we received some inquiries regarding people wanting to provide comments

1367
01:26:13,780 --> 01:26:15,220
on those work plan items.

1368
01:26:15,460 --> 01:26:19,620
So certainly it's the board's discretion to take those comments now because people

1369
01:26:19,620 --> 01:26:23,840
feel strongly about some of the items on the work plan, but I don't know that it's just

1370
01:26:24,340 --> 01:26:25,780
to hopefully provide clarity.

1371
01:26:26,240 --> 01:26:30,720
This isn't, for example, the opportunity to provide extraordinary comments on the marijuana

1372
01:26:30,720 --> 01:26:35,320
regulations, but rather should it be on the work plan to discuss it in this year

1373
01:26:35,320 --> 01:26:35,740
or not.

1374
01:26:36,020 --> 01:26:38,720
But it'll be, of course, your discretion to take those comments.

1375
01:26:39,140 --> 01:26:43,920
So I want to be clear that this is not about the specificity of a piece.

1376
01:26:44,240 --> 01:26:46,500
It is, should this be on the work plan?

1377
01:26:46,500 --> 01:26:59,560
So for testimony, if you love or hate something, today is the we want you to review it and you will have ample time if we keep it on the list of which it seems there will be a lot of interest.

1378
01:27:00,140 --> 01:27:08,760
We will then have public comment opportunities and hearings on such matters. So there we are.

1379
01:27:09,000 --> 01:27:14,180
Very good. Thank you. And it's terrific to see so many people here. It really is. The word clearly got out, which is terrific.

1380
01:27:14,180 --> 01:27:20,080
So we have the purpose. I'll provide a brief background, some highlights of our accomplishments.

1381
01:27:20,540 --> 01:27:20,840
Oh, I'm sorry.

1382
01:27:21,300 --> 01:27:23,100
So is this different than the packet?

1383
01:27:24,100 --> 01:27:26,160
What you have is just a copy of the presentation.

1384
01:27:26,620 --> 01:27:27,920
And that's not in the packet?

1385
01:27:27,960 --> 01:27:32,060
That's not in the packet. This is what I'll move through here.

1386
01:27:32,560 --> 01:27:36,420
And we will post this online as well to the presentation.

1387
01:27:40,730 --> 01:27:41,590
Bless you. Go.

1388
01:27:41,590 --> 01:27:49,010
Okay, so a summary of the work plan and then the board options today or like the prior item for later in the month.

1389
01:27:49,290 --> 01:27:55,790
Process, I'll provide an overview of the work plan. If you have any questions of me, of course I'll be happy to take those.

1390
01:27:56,070 --> 01:28:01,910
The opportunity for public comments, the board discussion and decision to continue or to close the hearing today,

1391
01:28:02,410 --> 01:28:09,630
and then to the board's decision whether to approve the work plan as presented or modified either at this meeting or at a future meeting.

1392
01:28:09,630 --> 01:28:14,270
So high level of where we're going, it's not a formal land use record and proceeding,

1393
01:28:14,650 --> 01:28:16,650
but we're still following the same general format.

1394
01:28:17,890 --> 01:28:24,470
Background, the staff prepares the first draft of the work plan generally in late winter, early spring,

1395
01:28:25,150 --> 01:28:31,110
based on the Board of County Commissioners annual goals and objectives, multi-year or carryover projects.

1396
01:28:31,250 --> 01:28:35,870
So these are projects that are on the work plan that we didn't complete the prior year or in the current year

1397
01:28:35,870 --> 01:28:40,230
And we won't be completed. So those will then continue to the subsequent year.

1398
01:28:40,870 --> 01:28:45,170
Changes in state law. Goodness knows we've had a lot of these over the last five or six years.

1399
01:28:45,370 --> 01:28:48,050
And these always influence our work plan. Public comments.

1400
01:28:48,190 --> 01:28:53,170
I can't emphasize enough how important public comments are throughout this entire process.

1401
01:28:53,350 --> 01:28:55,510
And the board each year listens very carefully.

1402
01:28:56,010 --> 01:29:01,090
And frequently it includes projects on the list that have come from the public.

1403
01:29:01,090 --> 01:29:07,550
And you'll see a number of comments that have been incorporated already based on the planning commission's meetings.

1404
01:29:08,830 --> 01:29:13,010
And this year, they actually conducted some hearings around the county, which was terrific.

1405
01:29:13,430 --> 01:29:15,030
And then, of course, grant and funding sources.

1406
01:29:15,530 --> 01:29:23,530
We then, in March and April, we take it to the Planning Commission and the Historic Landmarks Commission for public hearings for recommendations.

1407
01:29:23,870 --> 01:29:26,190
The Landmarks Commission conducts a review.

1408
01:29:26,310 --> 01:29:29,030
They don't conduct a public hearing, but they both make recommendations.

1409
01:29:29,750 --> 01:29:36,590
Here we are now, May and June. The Board conducts a work session of public hearing and adoption prior to the start of the fiscal year.

1410
01:29:36,870 --> 01:29:51,090
And then I think it's important for the public and for everybody to know is that throughout the year the Board provides direction to CDD on projects to be initiated based on the Board priorities, resources available, and again just changing circumstances as they come up.

1411
01:29:52,150 --> 01:29:54,890
We've each year, the work plan evolves a bit this year.

1412
01:29:55,010 --> 01:29:56,690
We've included in an executive summary.

1413
01:29:57,890 --> 01:29:59,690
We've included population estimates.

1414
01:30:00,000 --> 01:30:05,640
Population projections, actual population. We've tied our performance measures directly

1415
01:30:05,640 --> 01:30:09,520
to the Board of County Commissioners' annual goals and objectives, so it's very easy to

1416
01:30:09,520 --> 01:30:15,380
see how we are implementing specific board goals and objectives. We've included measures

1417
01:30:15,380 --> 01:30:21,140
on and graphs on how we report on our performance measures, and of course we always like to

1418
01:30:21,140 --> 01:30:25,020
include a lot of photographs, and here we have one of Anthony outside of our building

1419
01:30:25,020 --> 01:30:31,240
with perhaps somebody from KTVZ here that's in the back a couple of months ago.

1420
01:30:32,300 --> 01:30:36,820
Some of our accomplishment highlights to sustain high customer service levels,

1421
01:30:37,180 --> 01:30:41,320
and these are the inputs. This isn't necessarily the high customer service level.

1422
01:30:41,400 --> 01:30:48,440
This just shows the volume increases that we've experienced over the course of the prior year in 2016,

1423
01:30:48,820 --> 01:30:52,040
all up 19% to 62% across all divisions.

1424
01:30:52,040 --> 01:30:56,720
But really the performance measures is how do we measure our performance in delivering these services?

1425
01:30:57,200 --> 01:31:01,940
And for example, here's the Building Safety Division, and this is something we've begun to do over the past year.

1426
01:31:02,760 --> 01:31:06,580
And the board has been aware of how we've identified the performance measures.

1427
01:31:07,100 --> 01:31:12,000
We have the lower limits, the upper limits, and then we have our targets of what we're aiming to achieve

1428
01:31:12,000 --> 01:31:20,940
in providing services to customers. For example, how many inspections or inspection stops per day are our inspectors making?

1429
01:31:20,940 --> 01:31:24,860
How many plans are they reviewing per day?

1430
01:31:25,640 --> 01:31:28,240
How many inspections are being scheduled online?

1431
01:31:28,800 --> 01:31:31,180
What is our plan review turnaround times and days?

1432
01:31:31,280 --> 01:31:34,760
So we're looking at customer service internally, externally,

1433
01:31:35,280 --> 01:31:38,820
and then we're reporting on those in our work plan.

1434
01:31:39,840 --> 01:31:44,480
Environmental soils, the same type of performance measures.

1435
01:31:44,640 --> 01:31:48,200
The goal is to turn around our permits certainly quickly,

1436
01:31:48,220 --> 01:31:49,780
but that's not the only factor.

1437
01:31:49,780 --> 01:31:54,720
We need to make sure that they comply with county code and or state law across the board.

1438
01:31:56,360 --> 01:32:03,200
The planning division over the course of the past year and of course here we have different types of decisions.

1439
01:32:03,760 --> 01:32:11,520
Those that require prior notice, those are called land use decisions such as we previously discussed with a lot of record decisions

1440
01:32:11,520 --> 01:32:14,740
and those that do not require prior notice.

1441
01:32:14,860 --> 01:32:19,140
So we have different performance measures there, demonstrates that we met one, we did not meet the other.

1442
01:32:19,140 --> 01:32:22,280
But it's important for us, most importantly, to report to the board and to the community

1443
01:32:22,280 --> 01:32:26,260
which ones we're achieving and which ones we're not, and then the reasons why.

1444
01:32:27,620 --> 01:32:28,460
Code enforcement.

1445
01:32:28,880 --> 01:32:33,720
There's a photograph here of marijuana, and it's not that this is in compliance or

1446
01:32:33,720 --> 01:32:34,440
out of compliance.

1447
01:32:34,680 --> 01:32:40,540
It's the fact that we are receiving extraordinary numbers of calls and inquiries on whether

1448
01:32:40,540 --> 01:32:42,180
they are legal or they are not.

1449
01:32:42,660 --> 01:32:47,880
And I think, as Lori Furlong is here, our code enforcement manager, she can tell

1450
01:32:47,880 --> 01:32:51,880
While you were getting a call on almost every new agricultural building, greenhouse, et cetera,

1451
01:32:51,960 --> 01:32:55,700
that goes up in the county about what's going to be in it.

1452
01:32:55,880 --> 01:32:59,920
And is it for marijuana or not? And is it medical? Or is it recreational? Or is it legal?

1453
01:33:00,100 --> 01:33:03,740
Or is it personal? Or whatever the case may be. So this is certainly

1454
01:33:03,740 --> 01:33:07,880
a significant issue that we're addressing on a regular basis.

1455
01:33:08,760 --> 01:33:11,840
Our code enforcement staff, last year the board approved

1456
01:33:11,840 --> 01:33:14,640
increasing the code enforcement staff to three.

1457
01:33:16,560 --> 01:33:21,260
FTE, full-time equivalents, and we also partnered very, very closely with the Sheriff's Department

1458
01:33:22,200 --> 01:33:25,620
on marijuana, but also on all code enforcement cases.

1459
01:33:25,960 --> 01:33:29,840
And we do propose to come and conduct a work session with the board in the weeks ahead

1460
01:33:29,840 --> 01:33:36,360
to talk about how we're jointly, I didn't know pun intended there, how we're aiming

1461
01:33:36,360 --> 01:33:41,140
to coordinate closely with the Sheriff's Office on enforcing the code with marijuana

1462
01:33:41,700 --> 01:33:42,680
in particular.

1463
01:33:43,960 --> 01:33:47,640
Other highlights, the City of Sisters transferred the building program to the county.

1464
01:33:47,760 --> 01:33:49,100
That was a very big change for us.

1465
01:33:49,500 --> 01:33:53,120
Just over a year ago, we recently co-located with the City of Redmond

1466
01:33:53,120 --> 01:33:57,200
to provide a one-stop shop for services for community development,

1467
01:33:57,340 --> 01:33:59,760
both within city limits as well as in the rural county.

1468
01:33:59,900 --> 01:34:04,040
And of course, people can apply for permits in Sisters or in Redmond or Lapine

1469
01:34:05,520 --> 01:34:07,840
throughout the county at any of these locations.

1470
01:34:08,500 --> 01:34:11,740
We've implemented 90% of our business process audit recommendations.

1471
01:34:11,740 --> 01:34:15,180
We summarized those at a high level during our budget meeting last week.

1472
01:34:15,900 --> 01:34:18,580
And we're always pleased to report our customer service surveys.

1473
01:34:18,700 --> 01:34:21,580
We have the iPads at our customer service counter.

1474
01:34:22,600 --> 01:34:25,540
We started this last year in 2015.

1475
01:34:25,920 --> 01:34:30,340
And in 2015 from December through June of 2016,

1476
01:34:30,640 --> 01:34:35,680
we received 544 survey responses, and that increased to 870.

1477
01:34:35,900 --> 01:34:38,620
And this is such a remarkable turnaround from what we used to get

1478
01:34:38,620 --> 01:34:41,500
between 50 and 90 mailed surveys a year.

1479
01:34:41,500 --> 01:34:47,580
So we've really modeled this after the private sector and what you'll experience if you're at the airport

1480
01:34:47,580 --> 01:34:49,820
or a car rental facility or something of this nature.

1481
01:34:49,820 --> 01:34:54,260
So it's very easy to register the services we're providing.

1482
01:34:55,400 --> 01:34:56,540
It's a scale of one to three.

1483
01:34:57,840 --> 01:35:04,980
In 2015, a 2.94 overall average, and there's the breakdown of timely, respectful, and knowledgeable service.

1484
01:35:05,180 --> 01:35:07,800
And then in 2016, virtually the same.

1485
01:35:07,800 --> 01:35:16,880
And so we're certainly very, very pleased to provide this data to you that our customers are pleased with the services that we are providing.

1486
01:35:18,560 --> 01:35:20,640
We completed the Brownfield grant.

1487
01:35:21,980 --> 01:35:22,960
Ben and Redmond participated.

1488
01:35:23,400 --> 01:35:27,440
Redmond was really the significant beneficiary of that, the certified local government grant.

1489
01:35:27,600 --> 01:35:31,400
That was a historic preservation program project that we completed.

1490
01:35:32,040 --> 01:35:34,840
Facilitated adoption of the Bent Urban Growth Boundary.

1491
01:35:34,840 --> 01:35:39,860
Certainly a significant accomplishment, certainly not just for the county, but for the city

1492
01:35:39,860 --> 01:35:41,100
and for the entire region.

1493
01:35:41,940 --> 01:35:43,700
We implemented marijuana regulations.

1494
01:35:43,880 --> 01:35:45,540
They kicked off in September.

1495
01:35:46,360 --> 01:35:50,840
First, I believe it was last year, so we're about nine, almost 10 months into that program.

1496
01:35:50,980 --> 01:35:53,020
That's been a significant undertaking for us.

1497
01:35:53,860 --> 01:35:57,560
And implemented a number of improvements to our ePermitting software, Acela.

1498
01:35:57,940 --> 01:36:02,220
Continued to train staff and customers and create all types of new online permitting activities.

1499
01:36:03,640 --> 01:36:05,580
Our draft work plan going forward, and I apologize.

1500
01:36:05,740 --> 01:36:07,820
I'm going very quickly here, much more quickly than I would like,

1501
01:36:07,880 --> 01:36:10,060
but just recognizing the time and the public interest.

1502
01:36:10,860 --> 01:36:13,440
Our goal is to continue to maintain fast turnaround times.

1503
01:36:14,040 --> 01:36:15,780
And again, we're not cutting corners there,

1504
01:36:15,820 --> 01:36:17,900
but we are trying to be as efficient as possible

1505
01:36:17,900 --> 01:36:19,600
and achieve our performance measures

1506
01:36:19,600 --> 01:36:22,200
that are outlined in the work plan,

1507
01:36:22,540 --> 01:36:24,080
implement new accounting, human resources,

1508
01:36:24,280 --> 01:36:26,340
and timekeeping software.

1509
01:36:26,480 --> 01:36:27,280
And this is countywide,

1510
01:36:27,380 --> 01:36:29,840
but of course something that we're engaged in.

1511
01:36:30,460 --> 01:36:38,160
Continue and improve coordination among our divisions in the Sheriff's Office, as I mentioned, as well as state agency on marijuana-related complaints.

1512
01:36:38,560 --> 01:36:48,200
And what we'll begin to see in the year ahead are the first annual reporting requirements to make sure that the businesses are operating in compliance with their approved land use decisions.

1513
01:36:49,020 --> 01:36:55,900
Continuing to participate with DEQ in the pursuit of groundwater protection solutions in southern Deschutes County, establish and achieve new performance measures,

1514
01:36:55,900 --> 01:37:06,280
measures, such as 95% of those with ATT, these are the alternative treatment system, septic

1515
01:37:06,280 --> 01:37:11,640
systems that they're keeping up with their reporting requirements, as well as maintaining

1516
01:37:11,640 --> 01:37:16,680
the operations of their system so that they're performing as intended, and increasing the

1517
01:37:16,680 --> 01:37:20,560
number of permits submitted electronically up to 25% if we can achieve that.

1518
01:37:21,300 --> 01:37:23,520
Long-range planning, what a lot of folks may be interested in.

1519
01:37:23,520 --> 01:37:26,760
And we have in process now, floodplain text amendments.

1520
01:37:27,540 --> 01:37:31,760
The planning commission's continued public hearing on those is scheduled for next Thursday

1521
01:37:31,760 --> 01:37:37,160
a week from tomorrow on June 22 in this room at 5.30 if people are interested in participating

1522
01:37:37,160 --> 01:37:38,020
in that process.

1523
01:37:38,520 --> 01:37:39,780
And that one is in process.

1524
01:37:40,540 --> 01:37:44,020
Revisiting the county's lot of record verification process, as we've already discussed.

1525
01:37:44,220 --> 01:37:45,740
We are going to meet with the board next week.

1526
01:37:46,540 --> 01:37:50,580
Evaluating marijuana regulations, this has been tentatively programmed for the

1527
01:37:50,580 --> 01:37:54,620
for the fall, approximately one year after the program has been in place.

1528
01:37:56,320 --> 01:37:58,540
Support opportunities to provide affordable housing,

1529
01:37:59,120 --> 01:38:02,420
initiating process to reevaluate agricultural land designations,

1530
01:38:03,080 --> 01:38:06,500
continuing to coordinate with cities and unincorporated communities on new

1531
01:38:06,500 --> 01:38:11,780
and updated community plans, area plans, administering the CLG grant,

1532
01:38:11,900 --> 01:38:13,920
the certified local government grant for historic preservation,

1533
01:38:14,780 --> 01:38:19,020
developing a Goal 11 exception template for property owners or organizations

1534
01:38:19,020 --> 01:38:24,360
that may want to create smaller goal-leven exception areas such as around Oregon Water Wonderland,

1535
01:38:24,880 --> 01:38:30,120
near Sun River, near the city of Lopine and others, initiating outdoor mass-gathering permit text amendments.

1536
01:38:30,320 --> 01:38:32,500
We've been coordinating with legal counsel on these for some time.

1537
01:38:33,160 --> 01:38:40,180
And this is just a snapshot of some of these, coordinating with Redmond on a UGB expansion for a large-lawed industrial site,

1538
01:38:40,260 --> 01:38:42,280
which we hope is forthcoming by the fall.

1539
01:38:43,760 --> 01:38:49,940
The Board has approved, or the Budget Committee has approved, hiring of a new senior long-range

1540
01:38:49,940 --> 01:38:50,260
planner.

1541
01:38:50,400 --> 01:38:51,000
This is important.

1542
01:38:51,700 --> 01:38:57,180
For us, with our existing long-range planning staff, we're able to perform a lot of ongoing

1543
01:38:57,180 --> 01:39:01,000
annual projects, duties, and coordination, such as housekeeping text amendments.

1544
01:39:01,240 --> 01:39:04,940
These are minor fixes to the code, growth management coordination with cities.

1545
01:39:05,440 --> 01:39:09,240
We're involved in population forecasting, legislative reviews, such as during the

1546
01:39:09,240 --> 01:39:14,640
of the session, maintaining and approving tax tracking systems, the CLG grant, we serve

1547
01:39:14,640 --> 01:39:19,340
on a number of committees throughout the region, often a very common role for counties to participate

1548
01:39:19,340 --> 01:39:19,580
in.

1549
01:39:20,000 --> 01:39:23,900
We provide staff support, as the Board knows, to the Planning Commission, the Historic

1550
01:39:23,900 --> 01:39:29,340
Landmarks Commission, the Bike and Pedestrian Advisory Committee, the Mitigation Enhancement

1551
01:39:29,340 --> 01:39:31,100
Committee, Project Wildfire, and others.

1552
01:39:32,040 --> 01:39:34,720
In addition to that, with our existing staffing, we're able to take on two

1553
01:39:34,720 --> 01:39:39,340
two to three minor projects or one project really at a time with a new senior long-range

1554
01:39:39,340 --> 01:39:44,960
planner we will be able to take on an additional two to three major projects annually such

1555
01:39:44,960 --> 01:39:50,520
as agricultural lands evaluation, affordable housing, or initiating a new community plan

1556
01:39:50,520 --> 01:39:51,880
or comprehensive plan for an area.

1557
01:39:52,140 --> 01:39:54,580
So it really adds significant capacity for us.

1558
01:39:55,200 --> 01:39:59,040
Our planning commission and historic landmarks commission's recommended approval of the

1559
01:39:59,040 --> 01:39:59,780
work plan.

1560
01:40:00,880 --> 01:40:03,800
One key issue, and I know there are a number of people here that are interested

1561
01:40:03,800 --> 01:40:08,780
interested in this topic is to add to the work plan a project to consider and evaluate

1562
01:40:08,780 --> 01:40:12,300
whether to develop a grading ordinance. I'm sure you might hear from folks this morning

1563
01:40:12,300 --> 01:40:16,640
that don't want to just to consider and evaluate it once they're going to ask the county to

1564
01:40:16,640 --> 01:40:20,660
do it. The Pontic Commission's recommendation was to consider and evaluate it. Add Sisters

1565
01:40:20,660 --> 01:40:25,120
Country to the list of community plans to be initiated or updated and both commissions

1566
01:40:25,640 --> 01:40:29,580
felt strongly about this and supporting it. We don't have a Sisters Country plan

1567
01:40:29,580 --> 01:40:33,220
now and Sisters is going to kick off a visioning process in the fall and they'd

1568
01:40:33,220 --> 01:40:36,480
like for the county to be involved in that area and to look at the sister's

1569
01:40:36,480 --> 01:40:40,200
country in a broader area and that area has not yet been defined could be the

1570
01:40:40,200 --> 01:40:42,860
school district could be the zip code could be another area that we would

1571
01:40:42,860 --> 01:40:46,260
discuss and convene a panel of water experts this is a planning commission

1572
01:40:46,260 --> 01:40:50,080
recommendation for their benefit as well as for the community's benefit to

1573
01:40:50,080 --> 01:40:53,980
discuss water resource and conservation issues related to land use growth and

1574
01:40:53,980 --> 01:40:58,240
development. The board options are to close or continue the hearing today

1575
01:40:58,240 --> 01:41:01,240
and if the hearing is closed to discuss and approve the work plan as

1576
01:41:01,240 --> 01:41:06,120
proposed, and what is not in the version that you have, but I just want to clarify that

1577
01:41:06,120 --> 01:41:11,940
we recommend it be included, is the lot of record verification project, or is modified

1578
01:41:12,760 --> 01:41:17,020
by the board today or next week. I can't emphasize enough that just because a plot

1579
01:41:17,020 --> 01:41:21,260
project is either on or not on the work plan, that it's we're either going to take

1580
01:41:21,260 --> 01:41:26,460
it on or not. It's really a guide that we work together on, staff and the board.

1581
01:41:26,460 --> 01:41:30,220
the board throughout the year and the board provides the direction to staff

1582
01:41:30,220 --> 01:41:34,700
before we initiate or kick off any project. So lightning round of a presentation

1583
01:41:34,700 --> 01:41:38,080
on that I'm happy to turn it back over to the board answer any of your questions

1584
01:41:38,080 --> 01:41:40,240
or the public or public hearing.

1585
01:41:43,030 --> 01:41:47,730
So as we go back to item three on the permitting

1586
01:41:47,730 --> 01:41:52,870
code enforcement and operations well that I would like us to have a

1587
01:41:52,870 --> 01:42:00,290
conversation that looks at how we are applying code enforcement to our new regulations around

1588
01:42:00,290 --> 01:42:03,090
marijuana, and right now we have voluntary compliance.

1589
01:42:03,970 --> 01:42:11,790
We have a number of individuals who have gone through the process and are good neighbors,

1590
01:42:12,090 --> 01:42:16,230
and we have some that are still operating outside of the law.

1591
01:42:16,650 --> 01:42:21,410
And so will this give us an opportunity to talk about maybe taking a different approach

1592
01:42:21,410 --> 01:42:29,450
to our how we handle a lighter touch on code enforcement to maybe strengthen that balance

1593
01:42:29,450 --> 01:42:34,270
that we're trying to seek between those that are operating correctly and code enforcement

1594
01:42:34,270 --> 01:42:40,210
to me is more, you know, you have trash next door, you have, you know, something accidentally

1595
01:42:40,650 --> 01:42:44,170
built my fence on my neighbor's yard, you know, or property or, you know, just different

1596
01:42:44,170 --> 01:42:47,210
things that you, we try to bring people into compliance.

1597
01:42:47,210 --> 01:42:53,870
Will this offer us an opportunity to think differently about that for this particular issue?

1598
01:42:54,330 --> 01:42:58,470
It will, and we propose, and Lori and I have spoken about this recently along with the Sheriff's Department,

1599
01:42:58,670 --> 01:43:00,070
is to conduct a work session with the Board.

1600
01:43:00,670 --> 01:43:06,570
Hopefully this month, depending on schedules, that we can begin to have that conversation in the very near future

1601
01:43:06,570 --> 01:43:13,870
about how we approach code enforcement with so many inquiries and evaluations of what's legal, what's not,

1602
01:43:14,290 --> 01:43:15,770
and how do we proceed with enforcement.

1603
01:43:16,290 --> 01:43:22,250
This is kind of what makes between blatant disregard for the law and I have an issue on

1604
01:43:22,250 --> 01:43:22,690
my property.

1605
01:43:22,870 --> 01:43:23,310
It's a nuisance.

1606
01:43:23,510 --> 01:43:24,010
I need it.

1607
01:43:24,190 --> 01:43:28,790
Let's make sure to include the district attorney's office in that also.

1608
01:43:28,950 --> 01:43:29,390
And the sheriff's.

1609
01:43:29,470 --> 01:43:29,550
Yeah.

1610
01:43:29,750 --> 01:43:30,430
We will do so.

1611
01:43:30,510 --> 01:43:30,910
That would be great.

1612
01:43:31,470 --> 01:43:31,710
Okay.

1613
01:43:31,830 --> 01:43:34,430
Other questions before we go for public testimony?

1614
01:43:34,850 --> 01:43:36,010
All right.

1615
01:43:36,190 --> 01:43:42,490
So we have a lot of record on the list and we also have the grading and sister's

1616
01:43:42,490 --> 01:43:43,830
country to be added as well.

1617
01:43:43,830 --> 01:43:48,070
So I have 12 individuals who are interested in sharing their thoughts with us, and again,

1618
01:43:48,210 --> 01:43:51,390
I would ask if it's on the list, you love it, please let us know.

1619
01:43:52,470 --> 01:43:56,290
And it's not the time to let us know what you don't like about something that's for

1620
01:43:56,290 --> 01:43:56,810
another day.

1621
01:43:56,950 --> 01:44:00,050
Today is, do you want us to take a peek at it and keep it on the work plan?

1622
01:44:00,250 --> 01:44:07,610
So I have, looks like Dr. Brown, and then on, I believe, and on deck is Mr. McGinnis.

1623
01:44:14,540 --> 01:44:18,480
And the protocol is, please state your name for the record, and the floor is yours.

1624
01:44:18,480 --> 01:44:30,440
Yes, I'm Dr. Charlie Brown. I told them to use the academic initials, but in this case

1625
01:44:30,440 --> 01:44:40,560
I think perhaps it's appropriate. The doctorate is in Costing Psychology, Master's Degree,

1626
01:44:40,920 --> 01:44:48,700
and Rehab. My first contact with Marijuana was about 1960, an internship at a Costing

1627
01:44:48,700 --> 01:44:56,880
Center of Major University, a young professor came in who was having difficulty acknowledging

1628
01:44:56,880 --> 01:44:59,980
the impact of marijuana on the stability of the state.

1629
01:45:03,380 --> 01:45:10,200
I thought it was interesting in looking back over 50 years how much contact as a non-user

1630
01:45:10,200 --> 01:45:19,020
I have had with the product. Subsequently, I've been a landlord to a testing lab specific

1631
01:45:19,020 --> 01:45:27,740
to marijuana. I was amazed at the difficulty in testing for the amount of marijuana and

1632
01:45:27,740 --> 01:45:34,680
various products, the cost of the equipment and the technology involved, most difficult.

1633
01:45:36,410 --> 01:45:45,000
I have friends in both law enforcement and mental health in this county and have continued

1634
01:45:45,000 --> 01:45:48,480
to be aware of the implications involved.

1635
01:45:56,010 --> 01:46:06,330
I'm certainly for, to the extent that it's legal, freedom of use of products and business,

1636
01:46:08,420 --> 01:46:14,110
keeping in mind the old adage that your freedom to swing your arm ends at the point of my

1637
01:46:14,110 --> 01:46:24,410
knows and by that I mean we don't really know too much about what the impact of

1638
01:46:24,410 --> 01:46:33,150
marijuana is in many areas. We have almost no solid information with the

1639
01:46:33,150 --> 01:46:39,590
impact on groundwater. We have a rather unique situation in this county being an

1640
01:46:39,590 --> 01:46:48,330
old irrigation district manager of the amount of surface water that potentially can and

1641
01:46:48,330 --> 01:46:52,750
sometimes is contaminated by various products.

1642
01:46:53,710 --> 01:46:58,190
And we don't have any feeling at all for what that is.

1643
01:47:01,230 --> 01:47:12,170
And we know from considerable research that the implication of marijuana use, particularly

1644
01:47:12,170 --> 01:47:17,150
tied with alcohol, we simply cannot measure.

1645
01:47:19,550 --> 01:47:26,110
So that's always forefront in my mind as I'm driving down a crowded road, and I understand

1646
01:47:26,110 --> 01:47:27,770
and there's going to be bigger crowds coming.

1647
01:47:29,030 --> 01:47:32,530
What I would like to say is I want

1648
01:47:32,530 --> 01:47:38,410
to encourage the Commission to go very slowly and very

1649
01:47:38,410 --> 01:47:43,290
cautiously in that I think there is much more that we do not

1650
01:47:43,290 --> 01:47:48,810
know than what we do know about this product, how it's used,

1651
01:47:49,090 --> 01:47:54,050
and what the impact is going to be on this area.

1652
01:47:54,450 --> 01:47:54,930
Thank you.

1653
01:47:54,930 --> 01:47:56,170
Thank you, Dr. Brown.

1654
01:47:57,130 --> 01:47:58,770
Mr. McGinnis, just one moment.

1655
01:47:59,130 --> 01:48:01,330
And then I have Ms. Patterson, please.

1656
01:48:03,990 --> 01:48:07,310
Chairwoman Baney, commissioners, my name is Tim McGinnis.

1657
01:48:07,650 --> 01:48:12,930
My wife and I own 80 Acres on Collins Road here in Tummelo.

1658
01:48:13,670 --> 01:48:19,010
I believe my comments today relate to the marijuana regulations,

1659
01:48:19,370 --> 01:48:22,870
which is part of your plan for the future year.

1660
01:48:22,870 --> 01:48:30,690
Number one, I believe it was probably an oversight in your regulations when you processed them

1661
01:48:30,690 --> 01:48:37,150
that you did not put in a 1,000 foot setback for county and city parks.

1662
01:48:38,230 --> 01:48:44,570
It is a 1,000 setback for national parks, national monuments, and state parks.

1663
01:48:44,570 --> 01:48:52,530
It is unbelievable that a city park or a county park is not treated the same way.

1664
01:48:53,150 --> 01:49:01,550
I specifically reference Tillicum Park, which many people in the county do not recognize, is a city park.

1665
01:49:01,990 --> 01:49:12,590
It's located on Couch Market Road and it is defined as a known children's activity center.

1666
01:49:12,590 --> 01:49:24,250
It is very clear that marijuana cannot be used, grown or used within 1,000 feet of a children's

1667
01:49:24,250 --> 01:49:25,370
activity center.

1668
01:49:26,110 --> 01:49:33,090
I think this should be brought up prior to the review of the marijuana regulations.

1669
01:49:33,430 --> 01:49:38,030
I think it should be dealt with today or tomorrow by you commissioners.

1670
01:49:38,030 --> 01:49:39,250
Secondly,

1671
01:49:41,450 --> 01:49:47,610
I do not believe we in the county understand whether you're issuing use permits

1672
01:49:47,610 --> 01:49:53,550
for the growth and growing of marijuana to the individual or to the property.

1673
01:49:55,230 --> 01:50:00,230
I think it makes a great deal of difference as to whether it's on the property, to the

1674
01:50:00,230 --> 01:50:02,050
property, or to the individual.

1675
01:50:02,050 --> 01:50:19,270
We have had two of your conditional use permit individuals die in the last several weeks, and I as a member of the community would prefer that the applications granted to those people be taken away.

1676
01:50:19,270 --> 01:50:20,790
Third,

1677
01:50:23,030 --> 01:50:40,210
I believe that the security of the population of this community is not presently being served properly by the county, including the sheriff's department and the county commissioners, unfortunately.

1678
01:50:41,770 --> 01:50:49,730
We know, whether we want to omit it or not, there is a criminal element associated with drugs.

1679
01:50:50,690 --> 01:50:56,990
We have people here in this county today growing marijuana outside of the law.

1680
01:50:57,310 --> 01:51:03,070
And it is not being taken into consideration, nor is any action being taken.

1681
01:51:03,570 --> 01:51:06,110
I think your regulations need to change that.

1682
01:51:06,110 --> 01:51:14,170
And I think the county should be willing to finance additional deputies to enforce the law.

1683
01:51:14,770 --> 01:51:23,210
Finally, I believe council should review for you during your regulation review

1684
01:51:23,210 --> 01:51:32,030
the Civil Rights Act of 1866, which I believe you're in violation of. Thank you.

1685
01:51:38,480 --> 01:51:43,940
We're going to hold our applause until the end so that we can all share in that love.

1686
01:51:44,120 --> 01:51:45,560
So let's go on to Ms. Wills.

1687
01:51:46,760 --> 01:51:56,580
And we have Ms. Peterson, Gretchen, oh, hi, please, yes, yes, and then Diana Wills is

1688
01:51:56,580 --> 01:51:57,020
after that.

1689
01:51:57,260 --> 01:51:57,860
Please join us here.

1690
01:51:58,200 --> 01:51:58,600
Thank you.

1691
01:51:58,840 --> 01:51:59,080
Yes.

1692
01:51:59,280 --> 01:52:00,180
Thank you for hearing me.

1693
01:52:00,180 --> 01:52:05,800
On May the 12th, this, I'm just going to read a letter that I wrote to.

1694
01:52:05,820 --> 01:52:06,420
What was your name, ma'am?

1695
01:52:06,660 --> 01:52:06,920
Diana.

1696
01:52:07,220 --> 01:52:08,540
Excuse me, Diana Wills.

1697
01:52:09,040 --> 01:52:10,160
I live in Seron City.

1698
01:52:10,760 --> 01:52:15,260
And my letter was given to Dr. or John Hummel, our district attorney.

1699
01:52:16,400 --> 01:52:21,900
I'm writing this letter in regards to an illegal marijuana grow in our subdivision

1700
01:52:21,900 --> 01:52:23,080
in Seron City.

1701
01:52:23,600 --> 01:52:27,260
The marijuana is at 63390 Seron Drive.

1702
01:52:27,260 --> 01:52:34,620
unless then, well the actual acreage is 2.06. There are four large

1703
01:52:34,620 --> 01:52:39,800
greenhouses and a large shop that is enclosed. The owner of the property is

1704
01:52:39,800 --> 01:52:47,340
Michael Bradford, who is renting the property out. We are familiar with this

1705
01:52:47,340 --> 01:52:57,240
particular case. Okay, my question is a complaint was given to the

1706
01:52:57,240 --> 01:53:08,140
just shoots county development. They gave Mr. Bradford a, told him he had a week

1707
01:53:08,140 --> 01:53:13,660
and they were coming out to do an inspection. At the inspection, my son,

1708
01:53:13,800 --> 01:53:19,840
who lives next door, tried to get him to measure because it's less than a

1709
01:53:19,840 --> 01:53:24,180
thousand feet from his property line to where this marijuana grow is. He

1710
01:53:24,180 --> 01:53:32,180
you wouldn't even measure. So of course that probably did not go into the report. Needless

1711
01:53:32,180 --> 01:53:39,780
to say there's also a bus stop and Mr. McGinnis talked about children being should be not

1712
01:53:39,780 --> 01:53:44,340
close to that. A bus stops right in front of this property and there's an eight-year-old

1713
01:53:44,340 --> 01:53:51,240
girl that was across. I just feel like the district attorney, the sheriff's department,

1714
01:53:51,240 --> 01:53:58,220
nothing is being done. They're still growing. On Sunday evening as I drove by,

1715
01:53:58,760 --> 01:54:07,320
there were lights in the greenhouse. And this all started back in March. It is now

1716
01:54:07,320 --> 01:54:17,340
June 14th. I believe our law enforcement needs to be enforced. There are laws

1717
01:54:17,340 --> 01:54:21,240
that they are breaking, and it is an illegal, an illegal growth.

1718
01:54:22,220 --> 01:54:22,660
Okay.

1719
01:54:22,780 --> 01:54:23,680
Thank you for hearing me.

1720
01:54:23,940 --> 01:54:24,140
Yes.

1721
01:54:24,380 --> 01:54:31,320
Well, sometimes what can't be said is the process in which it is going forward.

1722
01:54:31,660 --> 01:54:35,380
And so I would leave that to the district attorney's office, but they are keenly aware

1723
01:54:35,380 --> 01:54:40,080
of what is going on, and I very much appreciate you bringing that to our attention today.

1724
01:54:40,220 --> 01:54:41,560
So I am taking from your testimony.

1725
01:54:41,560 --> 01:54:43,560
You want us to keep this on the work plan?

1726
01:54:44,020 --> 01:54:50,700
I want to say one thing, it is in the long term and the plan itself to really look at

1727
01:54:50,700 --> 01:54:54,800
the overall program, the regulations in the coming year.

1728
01:54:54,980 --> 01:55:03,080
But we also have, in response to your situation, others have asked for a joint work session

1729
01:55:03,080 --> 01:55:10,100
with the Sheriff's Office, Community Development, and the District Attorney's Office, so we

1730
01:55:10,100 --> 01:55:13,000
better because we are hearing complaints we're trying to figure out what we're

1731
01:55:13,000 --> 01:55:16,560
supposed to do so what we don't really know what they're doing so we have

1732
01:55:16,560 --> 01:55:20,500
scheduled that actually before we get to the the bigger evaluation of the

1733
01:55:20,500 --> 01:55:24,500
regulations just in terms of when something you know what's the process so

1734
01:55:24,500 --> 01:55:29,840
that has been for those of you that are that's an you know an issue that isn't

1735
01:55:29,840 --> 01:55:34,520
something we have scheduled I think fairly soon. Could we come to that work

1736
01:55:34,520 --> 01:55:37,800
session? All of our work sessions. There are always public meetings. Thank you for your best.

1737
01:55:37,800 --> 01:55:37,980
Yes.

1738
01:55:38,060 --> 01:55:38,560
Yes.

1739
01:55:38,560 --> 01:55:39,520
Thank you very much.

1740
01:55:39,760 --> 01:55:39,940
Thank you.

1741
01:55:40,960 --> 01:55:41,480
Okay.

1742
01:55:41,800 --> 01:55:45,220
Ms. Peterson, and then we have Karen Mitchell.

1743
01:55:46,400 --> 01:55:46,920
Hi.

1744
01:55:47,040 --> 01:55:47,320
Question.

1745
01:55:47,500 --> 01:55:49,340
Peterson, Deschutes County resident.

1746
01:55:50,320 --> 01:55:54,220
Hundreds of county residents, along with investors, county officials, and a marijuana

1747
01:55:54,220 --> 01:55:59,300
advisory commission, spent thousands of hours attending meetings, presenting testimony,

1748
01:55:59,720 --> 01:56:02,940
and establishing regulations regarding marijuana in Deschutes County.

1749
01:56:03,440 --> 01:56:07,160
And I would like to thank the county commissioners, Nick Lelac, and others for their hard

1750
01:56:07,160 --> 01:56:13,840
work throughout this process. I am concerned that this contentious issue may be reopened this

1751
01:56:13,840 --> 01:56:19,080
year. Recently there were attempts in Salem to change the marijuana legislation in a way that

1752
01:56:19,080 --> 01:56:24,780
could have had serious impacts here in Deschutes County. This amendment did not pass, but I

1753
01:56:24,780 --> 01:56:29,440
worry that a very powerful and well-funded industry with a lot to gain will whittle away

1754
01:56:29,440 --> 01:56:35,120
to undermine the hard-earned compromise that resulted from public input here. Will this

1755
01:56:35,120 --> 01:56:42,360
happen here in Dushitz County as well as statewide. I urge you to consider that if you reopen

1756
01:56:42,360 --> 01:56:47,460
this issue this year, it should not involve a rehashing of all the established rules that

1757
01:56:47,460 --> 01:56:53,060
have been put together on land use for growing and processing marijuana. The community has

1758
01:56:53,060 --> 01:56:57,740
really been beaten up by this and is exhausted by the entire experience. And I think that

1759
01:56:57,740 --> 01:57:02,080
people on both sides of the issue need stability in the rules to be able to plan for the

1760
01:57:02,080 --> 01:57:10,860
future. Thank you. Thank you very much. Next, I have Keith Mitchell after Karen, please. You

1761
01:57:10,860 --> 01:57:14,100
can sit together. I mean, depending on how things are going.

1762
01:57:17,200 --> 01:57:19,780
Yes, all right. Good. Good.

1763
01:57:20,120 --> 01:57:26,440
My name is Karen Mitchell. Excellent. And we live in the same subdivision as Diana,

1764
01:57:26,440 --> 01:57:34,720
so I won't rehash that part, and respectfully, my pushback, our pushback, is the enforcement

1765
01:57:35,240 --> 01:57:36,040
of the laws.

1766
01:57:36,260 --> 01:57:42,440
So I appreciate your question, Commissioner Vaney, as to going forward with the CDD gentlemen,

1767
01:57:42,800 --> 01:57:50,120
going forward, how will those be enforced, because, you know, the agenda is to look

1768
01:57:50,120 --> 01:57:54,260
at just not just the regulations, but how to enforce regulations.

1769
01:57:54,260 --> 01:58:01,040
When you've got them on the books and you've got blatant disregard for the law, minimum

1770
01:58:01,040 --> 01:58:06,480
five acres, you've got it on two acres, not in Hooper greenhouses, it's in Hooper greenhouses,

1771
01:58:07,020 --> 01:58:15,220
lights glowing all night, smell, I mean, told by DEA agents that there's no permit there,

1772
01:58:15,520 --> 01:58:20,280
well over a hundred plants, yet we're going on three months and we see nothing happening,

1773
01:58:20,280 --> 01:58:25,720
it makes us feel as citizens that our county has been hijacked.

1774
01:58:26,240 --> 01:58:35,140
So we appreciate the opportunity to just say the enforcement of the laws is what we are most keenly concerned about.

1775
01:58:36,140 --> 01:58:36,460
Great.

1776
01:58:37,620 --> 01:58:44,480
And what I was going to say is, I mean, a lot of this has already been said, so I'm going to be brief on this.

1777
01:58:44,480 --> 01:58:52,400
that if we don't want to make these laws any easier, the rules for these dope growers, we

1778
01:58:52,400 --> 01:58:56,920
don't want to make it easier. If it's too late to opt out, which that's what I would

1779
01:58:56,920 --> 01:59:05,380
have liked to see in the first place, but you can't ask these people that are putting

1780
01:59:05,380 --> 01:59:11,380
in for a permit to have a grow to jump through all the hoops and do everything they have

1781
01:59:11,380 --> 01:59:16,600
to do to get it and then turn your back on a hundred illegal ones out there.

1782
01:59:17,040 --> 01:59:23,960
I mean, what's the incentive for these people to do what you're asking them to do?

1783
01:59:25,660 --> 01:59:31,700
So you really need to just enforce the laws and the regulations that are on the books

1784
01:59:31,700 --> 01:59:32,080
now.

1785
01:59:32,720 --> 01:59:37,840
And if I could just add one little caveat and that is the safety factor involved

1786
01:59:37,840 --> 01:59:45,000
which the gentleman before spoke of when we were told by a DEA agent that large

1787
01:59:45,000 --> 01:59:48,880
sums of cash are kept on these properties because it's known fact they can't

1788
01:59:48,880 --> 01:59:59,000
have business bank accounts so they're known you know I mean it's a ripe spot

1789
01:59:59,000 --> 01:59:59,980
for somebody that wants

1790
02:00:03,220 --> 02:00:07,520
You know, through theft or other means, approach

1791
02:00:09,600 --> 02:00:11,300
these properties, and they're not going to drive

1792
02:00:11,300 --> 02:00:15,040
up the driveway and knock on the front door. They're going to go across our neighboring

1793
02:00:15,040 --> 02:00:20,300
properties. So it's a danger to the whole community. Thank you.

1794
02:00:20,640 --> 02:00:25,640
Thank you. You are heard by us, and, you know, those that have gone through the process

1795
02:00:26,340 --> 02:00:30,900
have shared very similar thoughts in terms of they don't want to see that either.

1796
02:00:30,900 --> 02:00:33,940
So you might hear some of that in the testimony today as well.

1797
02:00:34,400 --> 02:00:36,120
Okay, so I take it, leave it on the work plan.

1798
02:00:36,780 --> 02:00:38,040
All right, okay.

1799
02:00:38,840 --> 02:00:43,740
So next we have Andrew Anderson, and on deck we have Lindsay Pate.

1800
02:00:56,860 --> 02:00:57,560
You all know me.

1801
02:00:58,360 --> 02:00:59,260
My name is Andrew Anderson.

1802
02:00:59,500 --> 02:01:01,300
I'm on the Schuetz County Farm Bureau Board.

1803
02:01:02,320 --> 02:01:04,520
I was on the marijuana advisory committee for the county,

1804
02:01:04,740 --> 02:01:08,040
and I'm a licensed ULCC producer and retailer

1805
02:01:08,040 --> 02:01:09,920
with three retail locations in the state.

1806
02:01:11,180 --> 02:01:15,760
I would like to see the planning being revisited.

1807
02:01:16,500 --> 02:01:19,260
I won't disagree with any of the people that have spoke against it.

1808
02:01:20,460 --> 02:01:25,180
Enforcing rules against the illegal grows will be very, very hard

1809
02:01:25,180 --> 02:01:28,420
because the Sheriff's Office could go out and bust 25 of them

1810
02:01:28,420 --> 02:01:30,160
and 50 more will pop up the next week.

1811
02:01:30,480 --> 02:01:33,280
You know, where there's a demand, which there is a demand,

1812
02:01:33,880 --> 02:01:34,800
you know, it will be fueled.

1813
02:01:35,100 --> 02:01:38,020
And it is really rough going through the process that we went through

1814
02:01:38,020 --> 02:01:40,660
with the county and spending all the money and equipment

1815
02:01:41,460 --> 02:01:43,540
and having other people operate illegally,

1816
02:01:43,800 --> 02:01:45,740
make more money than us, not pay taxes,

1817
02:01:46,400 --> 02:01:47,880
all those things, not have security.

1818
02:01:49,340 --> 02:01:51,140
So we would like to see the same thing.

1819
02:01:51,580 --> 02:01:53,500
We want fair rules across the board.

1820
02:01:55,560 --> 02:01:59,700
The things that I wanted to cover were the land use process

1821
02:02:00,140 --> 02:02:01,860
but the only county in the state to have that.

1822
02:02:03,420 --> 02:02:04,960
I think that needs to be looked at.

1823
02:02:05,480 --> 02:02:07,640
The biggest thing for me is the neighbor notification.

1824
02:02:09,000 --> 02:02:15,860
We had a case with the Rubio appeal that was turned down for their neighbors,

1825
02:02:16,120 --> 02:02:22,860
which from what I've learned have the neighbors that appealed have a non-farm business

1826
02:02:22,860 --> 02:02:24,700
in an EFU zone without a conditional use permit.

1827
02:02:24,880 --> 02:02:26,640
I believe a complaint was filed for that recently.

1828
02:02:27,660 --> 02:02:35,900
You know, so we have non-farming people living on EFU that are stopping farming in an EFU

1829
02:02:35,900 --> 02:02:39,140
zone, you know, and that resulted from the neighborhood modification process.

1830
02:02:39,980 --> 02:02:44,300
You know, so now you have an illegal business that's non-farmed in the farm zone and they've

1831
02:02:44,300 --> 02:02:48,400
stopped but somewhat from farming, you know, which the exclusive farming zone is specifically

1832
02:02:48,400 --> 02:02:49,340
for farming.

1833
02:02:49,780 --> 02:02:53,280
And I also think we need to look at in the county, especially in Tumla, because

1834
02:02:53,280 --> 02:02:57,620
it's EFU, RR, MUA, how our zoning is done,

1835
02:02:58,160 --> 02:03:00,480
that the EFU needs to be farming,

1836
02:03:00,860 --> 02:03:04,040
and it shouldn't be spread throughout with multiple use

1837
02:03:04,040 --> 02:03:05,900
or residential with those things,

1838
02:03:06,200 --> 02:03:07,260
because it causes a lot of problem,

1839
02:03:08,120 --> 02:03:10,840
not just in cannabis, but in all agriculture.

1840
02:03:12,500 --> 02:03:14,720
Some of the other things, the publishing floor plans,

1841
02:03:15,200 --> 02:03:16,900
I think which has kind of been dealt with,

1842
02:03:16,980 --> 02:03:18,080
I don't know if that's stopped or not,

1843
02:03:18,480 --> 02:03:20,300
but that's a public safety hazard.

1844
02:03:20,520 --> 02:03:22,900
The concerns that the people have about security risks,

1845
02:03:22,900 --> 02:03:27,460
Well, we have the same, you know, when you publish our floor plans for our farms or our

1846
02:03:27,460 --> 02:03:30,080
stores or anything like that, it gives a roadmap.

1847
02:03:30,380 --> 02:03:31,500
It's like, you know, banks don't do that.

1848
02:03:31,540 --> 02:03:33,140
They wouldn't give you a roadmap to their vault, you know.

1849
02:03:34,200 --> 02:03:35,180
So that's a concern.

1850
02:03:35,780 --> 02:03:40,400
The lighting rules, I'm pretty sure you are aware, you know, State Farm Bureau has

1851
02:03:40,400 --> 02:03:42,620
already said they violate state statute and right to farm.

1852
02:03:43,740 --> 02:03:47,740
I recently had the tax assessor come out to my farm, you know, they want to raise

1853
02:03:47,740 --> 02:03:48,820
my taxes and I'm fine.

1854
02:03:48,820 --> 02:03:53,900
I mean, my retail stores pay hundreds of thousands of dollars a year on state taxes alone, and

1855
02:03:54,500 --> 02:03:59,400
I believe in paying taxes, but what the county did with our farm was we're limited to not

1856
02:03:59,400 --> 02:04:03,780
even use all of our greenhouses that we had built because of our parcel size.

1857
02:04:03,940 --> 02:04:07,100
I'm going to use the lot to use one one hundredth of the size of my property, which is half

1858
02:04:07,100 --> 02:04:10,560
the state limit, you know, and we had already built more greenhouses than that.

1859
02:04:10,920 --> 02:04:13,960
So I'm going to essentially start, you know, they want to raise my taxes pretty

1860
02:04:13,960 --> 02:04:20,020
pretty substantially like $7,000 to $15,000 a year on an EFU deferral, you know, and I'm

1861
02:04:20,020 --> 02:04:23,540
going to pay those taxes on greenhouses that you're telling me that I can't use, you know,

1862
02:04:23,580 --> 02:04:26,880
so that's a pretty clear issue, you know, if you're telling me I can't use them because

1863
02:04:26,880 --> 02:04:30,600
of your own county rules you put in and then you want me to pay a substantial amount of

1864
02:04:30,600 --> 02:04:34,320
tax on that, you know, I guess that's kind of a problem in my opinion because they're

1865
02:04:34,320 --> 02:04:35,780
useless if we can't use them, you know.

1866
02:04:37,400 --> 02:04:40,860
The other thing was the square footage limits, you know, being able to use one

1867
02:04:40,860 --> 02:04:45,280
one-hundredth of our acreage, you know, when the state limits is we can have 40,000 square

1868
02:04:45,280 --> 02:04:50,480
feet but on my 45 acre farm we can only have 20,000 which is less than half an acre, you

1869
02:04:50,480 --> 02:04:55,000
know, is kind of confusing and, you know, ultimately it's just going to make us purchase

1870
02:04:55,000 --> 02:04:58,980
more farms, go through the land use process again, build more greenhouses which I think

1871
02:04:58,980 --> 02:05:03,160
has a larger impact, you know, you're going to have more neighbors with more farms,

1872
02:05:03,320 --> 02:05:07,280
you know, than you would if we didn't have those limits and we don't wholesale

1873
02:05:07,280 --> 02:05:12,440
to anyone else. We only grow and sell for our own retail stores, so I don't think my limits

1874
02:05:12,440 --> 02:05:16,100
are super reasonable considering I only have three stores. We're about to open a fourth,

1875
02:05:16,220 --> 02:05:23,320
you know, and I can't hardly supply my own stores based on those limits. And yeah, that's

1876
02:05:23,320 --> 02:05:25,080
all I got. Thank you for your consideration.

1877
02:05:26,140 --> 02:05:31,300
I do want to just, since we were big on facts being accurate, it was not a neighbor

1878
02:05:31,300 --> 02:05:38,040
notification that denied the application that you mentioned. It was different than that.

1879
02:05:38,500 --> 02:05:42,680
But it was how they found out about it, how the neighbors found out about the case. They

1880
02:05:42,680 --> 02:05:44,700
wouldn't have known without the neighbor notification part.

1881
02:05:44,960 --> 02:05:47,340
Right. Yes, absolutely. Okay, very good.

1882
02:05:47,540 --> 02:05:52,340
I have a quick question. I understand you're telling me, were you – you said it's

1883
02:05:52,340 --> 02:05:57,100
hard to enforce, but do you favor enforcement of illegal grows?

1884
02:05:57,100 --> 02:06:02,180
Absolutely. I mean, we jump through the hoops, you know, I mean, it's insane how much taxes

1885
02:06:02,180 --> 02:06:07,260
in our retail stores that are on our farm pays, you know, and, you know, to have illegal

1886
02:06:07,260 --> 02:06:10,920
grows that don't do that, they don't have security, they don't have anything, you know.

1887
02:06:11,000 --> 02:06:14,960
I mean, we have over 100 cameras on my phone between my stores and my farm that I can

1888
02:06:14,960 --> 02:06:19,180
see at all times that alert me if anyone's there at night or anything, you know. I mean,

1889
02:06:19,220 --> 02:06:23,100
our security systems are so state of the art compared to banks even. I mean, I can

1890
02:06:23,100 --> 02:06:27,560
hear what happens in every camera and talk back through each camera you know

1891
02:06:27,560 --> 02:06:35,000
so our security systems of the state requires are pretty advanced and I'm

1892
02:06:35,000 --> 02:06:38,640
just going to go with Tyler next I can't read your last name thank you I'm sorry

1893
02:06:38,640 --> 02:06:49,940
Tyler hi Lindsay please go right ahead hi can you hear me yes so my name is

1894
02:06:49,940 --> 02:06:54,760
Lindsay Pate I live on my farmland in rural Deschutes County between Redmond

1895
02:06:54,760 --> 02:07:02,720
and terribon and I haven't approved recreational license land use for our farmland. It would

1896
02:07:02,720 --> 02:07:06,500
be pretty easy for me in my position right now to not speak to this and not put myself

1897
02:07:06,500 --> 02:07:12,980
out here but I made a commitment two years ago to support my community which includes

1898
02:07:12,980 --> 02:07:20,320
cannabis professionals. I absolutely agree and ditto what I'm hearing from Andrew which

1899
02:07:20,320 --> 02:07:25,920
is that we want to have regulated grows and we don't want to be competing, whether it's

1900
02:07:26,460 --> 02:07:31,240
gray, white or black sales with anybody who's not registered and not following the rules.

1901
02:07:33,100 --> 02:07:38,480
So I support us revisiting these rules. That's the main thing I'll keep this short. My biggest

1902
02:07:38,480 --> 02:07:44,680
concern is that we had a very long opt out and then we are following that up with

1903
02:07:44,680 --> 02:07:50,080
a very lengthy application process and I would encourage you to research what happened

1904
02:07:50,080 --> 02:07:57,020
after the early sales that ended in 2016 and the implications that occur to producers that

1905
02:07:57,020 --> 02:07:58,840
are still operating under medical regulations.

1906
02:07:59,520 --> 02:08:04,380
I would encourage you to look at it because coupling the lengthy application process with

1907
02:08:04,380 --> 02:08:08,660
this lengthy opt-out is causing a lot of original producers to go out of business

1908
02:08:08,660 --> 02:08:11,420
and when I say out of business we're talking transparent business.

1909
02:08:11,420 --> 02:08:16,600
It's important that we set a precedent that original producers who have been operating

1910
02:08:17,300 --> 02:08:21,940
have an opportunity to participate before their businesses go under because there's

1911
02:08:21,940 --> 02:08:24,800
no longer a marketplace for them to transparently make sales.

1912
02:08:28,120 --> 02:08:30,180
I really hope you can take a look at my testimony.

1913
02:08:30,580 --> 02:08:34,540
I've given you some specific concerns that I've had for a really long time and unfortunately

1914
02:08:34,540 --> 02:08:36,380
that was not really being heard.

1915
02:08:36,940 --> 02:08:40,600
And that is why I went to Salem when I did because when I go to Salem and

1916
02:08:40,600 --> 02:08:44,560
I talk about early sales and I talk about the implications on our marketplace. They

1917
02:08:44,560 --> 02:08:49,220
know what I'm talking about and they know how important it is to prevent original producers

1918
02:08:49,220 --> 02:08:53,440
from failing and to set a precedence that this can be transparent and regulated.

1919
02:08:54,220 --> 02:08:54,740
Thank you.

1920
02:08:55,240 --> 02:09:01,060
Thank you. And Tyler, sorry, I didn't know it was you. Good to see you. I was, I thought,

1921
02:09:01,180 --> 02:09:02,120
who's Tyler Negg?

1922
02:09:04,460 --> 02:09:09,820
It's okay, she'll like all you doctor. Just kidding, go ahead. Oh wait, sorry, before

1923
02:09:09,820 --> 02:09:12,860
Before you launch, I have Callahan.

1924
02:09:14,600 --> 02:09:19,100
Do I have CA...I'm sorry?

1925
02:09:19,980 --> 02:09:21,000
Candy, alright.

1926
02:09:21,540 --> 02:09:22,920
Okay, yes, that's candy.

1927
02:09:23,420 --> 02:09:24,500
Okay, excellent, you're next.

1928
02:09:24,900 --> 02:09:25,300
Thank you.

1929
02:09:26,560 --> 02:09:28,060
Please, Tyler, floor is yours.

1930
02:09:28,400 --> 02:09:29,040
Sure, thank you.

1931
02:09:29,620 --> 02:09:31,020
Well, good morning, commissioners and staff.

1932
02:09:31,800 --> 02:09:33,700
As Tammy said, my name is Tyler Neese.

1933
02:09:33,800 --> 02:09:34,780
I'm the government affairs director

1934
02:09:34,780 --> 02:09:36,640
for the Central Organ Association of Realtors.

1935
02:09:36,700 --> 02:09:38,480
I'm not going to talk about marijuana this morning,

1936
02:09:38,480 --> 02:09:42,060
But I'm going to talk about legal law of record, which you also haven't heard enough about,

1937
02:09:42,180 --> 02:09:42,280
right?

1938
02:09:42,500 --> 02:09:43,440
Our second favorite time.

1939
02:09:43,440 --> 02:09:44,060
Yeah, that's right.

1940
02:09:45,540 --> 02:09:50,020
But really specifically, I'm here this morning on behalf of COR and our members to express

1941
02:09:50,020 --> 02:09:55,700
support for staff's recommendation to include in this 17-18 work plan a project, as you

1942
02:09:55,700 --> 02:09:59,620
heard about earlier today, to revisit the legal law of record verification process.

1943
02:10:00,100 --> 02:10:04,720
We look forward to hearing in some more specific recommendations, whether that's in

1944
02:10:04,720 --> 02:10:09,060
terms of rates and process and how it looks moving forward in some further discussion

1945
02:10:09,560 --> 02:10:12,180
as part of the work session that you discussed earlier today.

1946
02:10:12,560 --> 02:10:15,500
It's an issue we've been hearing a lot about in the real estate community.

1947
02:10:15,800 --> 02:10:17,000
We get quite a few calls.

1948
02:10:17,100 --> 02:10:18,780
We've actually developed some forms.

1949
02:10:19,080 --> 02:10:24,700
We have sellers disclosure, a buyer's notice that we've put together and basically in

1950
02:10:24,700 --> 02:10:28,120
partnership with our legal counsel to get information out there and ensure that

1951
02:10:28,120 --> 02:10:29,440
our members are protected as well.

1952
02:10:29,680 --> 02:10:31,440
So it's something that we're keenly aware of.

1953
02:10:31,440 --> 02:10:35,780
And a staff, you know, to commend staff in Justiz County has been very helpful.

1954
02:10:36,320 --> 02:10:40,080
They have provided us with a lot of information and have helped us to get that information

1955
02:10:40,080 --> 02:10:40,980
out to our members.

1956
02:10:41,520 --> 02:10:45,060
But I think, you know, there's certainly some work that needs to be done in addressing

1957
02:10:45,060 --> 02:10:45,960
it, as you all know.

1958
02:10:46,200 --> 02:10:51,460
So just wanted to, again, basically support that inclusion in the work plan and moving

1959
02:10:51,460 --> 02:10:54,780
forward with that, also provide our organization as a resource if there's anything we

1960
02:10:54,780 --> 02:10:58,360
can do to weigh into the process or any expertise we can provide.

1961
02:10:58,660 --> 02:10:59,400
So thank you.

1962
02:10:59,400 --> 02:11:04,760
Well, I would say that your organization is an important one in terms of us helping us

1963
02:11:04,760 --> 02:11:06,300
to walk through this journey.

1964
02:11:07,000 --> 02:11:09,640
So any engagement you – our meetings are open to the public.

1965
02:11:09,640 --> 02:11:11,080
Please come if there are comments.

1966
02:11:11,780 --> 02:11:12,700
Really engage.

1967
02:11:13,100 --> 02:11:17,540
I know that you're members in terms of their own – opening their own businesses to

1968
02:11:17,540 --> 02:11:19,720
allow us to come in and do some forums and education.

1969
02:11:19,980 --> 02:11:20,520
Thank you for that.

1970
02:11:20,740 --> 02:11:25,480
So do look forward to continued partnership as we try to go through this process.

1971
02:11:25,980 --> 02:11:26,680
So thank you.

1972
02:11:28,180 --> 02:11:33,880
Since you do speak for your organization and there are a lot of re-liters, do you have

1973
02:11:33,880 --> 02:11:39,660
any feel yet from your members and things as to how many people you think this is affecting

1974
02:11:39,660 --> 02:11:40,980
or you're hearing about?

1975
02:11:41,760 --> 02:11:48,720
I think Peter and the community development staff probably have a better read on numbers.

1976
02:11:49,180 --> 02:11:53,380
I don't have solid figures on how many I can just kind of speak anecdotally.

1977
02:11:53,380 --> 02:11:56,820
that's certainly something we can always do is survey our members but I can

1978
02:11:56,820 --> 02:12:00,480
tell you you know it's almost every week now for the last you know a couple

1979
02:12:00,480 --> 02:12:03,820
months I've been talking to somebody who and a lot of times those calls are

1980
02:12:03,820 --> 02:12:06,820
just clarification like I said a lot of times I you know I serve as liaison

1981
02:12:06,820 --> 02:12:10,540
between the county to just kind of clarify their questions but a lot of

1982
02:12:10,540 --> 02:12:13,360
times what we're hearing is you know folks and this is what's included in

1983
02:12:13,360 --> 02:12:16,320
our disclosures is you know there may be a structure on the property they

1984
02:12:16,320 --> 02:12:20,600
thought it was only the lot of record talked with realtor at the other

1985
02:12:20,600 --> 02:12:27,100
weaker broker who was basically a transaction was held up because they had spoken with – basically

1986
02:12:27,100 --> 02:12:33,260
had spoken with the buyer's agent who had informed them that, you know, hey, you can't

1987
02:12:33,260 --> 02:12:36,300
move forward with the sale if it's not a legal law of record. That's – I wouldn't

1988
02:12:36,300 --> 02:12:40,700
advise that from a legal perspective. So we've seen sales being held up and things

1989
02:12:40,700 --> 02:12:45,260
of that nature. So it's becoming – I think it's gaining steam. You know, I can

1990
02:12:45,260 --> 02:12:48,300
say within our membership what we're running into more and more. I think especially

1991
02:12:48,300 --> 02:12:52,500
where it gets out. I don't have any, you know, hard numbers for you on that, but something

1992
02:12:52,500 --> 02:12:52,900
we could sort of do.

1993
02:12:52,900 --> 02:12:58,080
We've had, uh, at a prior meeting we had some testimony from at least, I recall, two

1994
02:12:58,080 --> 02:13:01,040
re-letters about specific transactions. Yeah.

1995
02:13:01,180 --> 02:13:04,720
Maybe we could get copies of your forms that you're working on just so you're, you know,

1996
02:13:04,760 --> 02:13:07,920
be interesting for us as commissioners. Maybe community development may already have them,

1997
02:13:07,960 --> 02:13:11,580
but it'd be interesting for the commissioners to have those, too, just to see what,

1998
02:13:11,760 --> 02:13:12,340
how those are being.

1999
02:13:12,760 --> 02:13:15,580
Yeah. Yeah, absolutely. I have those this morning. I can share them with reporters.

2000
02:13:15,880 --> 02:13:16,160
Thank you.

2001
02:13:16,160 --> 02:13:16,760
Thank you.

2002
02:13:16,820 --> 02:13:17,100
Excellent.

2003
02:13:17,240 --> 02:13:18,100
Thank you.

2004
02:13:18,100 --> 02:13:20,240
And before Candy, we have Julie Kissick.

2005
02:13:21,540 --> 02:13:21,940
Please.

2006
02:13:24,600 --> 02:13:25,000
It's on.

2007
02:13:25,280 --> 02:13:25,480
Okay.

2008
02:13:25,700 --> 02:13:25,800
Yep.

2009
02:13:25,980 --> 02:13:26,100
Perfect.

2010
02:13:26,480 --> 02:13:26,720
Hi.

2011
02:13:27,220 --> 02:13:28,160
My name is Candy Callahan.

2012
02:13:28,960 --> 02:13:33,820
Ben has been my home for the last 13 years, and I've seen Ben grow, kind of slow down

2013
02:13:33,820 --> 02:13:37,520
a little bit, and then overcome and take off with an amazing amount of growth.

2014
02:13:38,220 --> 02:13:42,980
When I first moved here, I was a raft guide and a white water raft guide and a snowboard

2015
02:13:42,980 --> 02:13:43,300
instructor.

2016
02:13:43,940 --> 02:13:46,440
My job was heavily dependent on growth in the area and tourism.

2017
02:13:46,440 --> 02:13:52,580
I now have a career and yet my career is still dependent on growth and tourism people coming to this area.

2018
02:13:53,380 --> 02:14:01,000
I'm with the Save the Law Organization and I just want you guys to know that we understand that growth in our community is needed, it's necessary, and it's healthy.

2019
02:14:02,120 --> 02:14:07,520
By coming to you and asking you to create a grading ordinance in the county, we're not asking to slow growth or stop growth.

2020
02:14:07,600 --> 02:14:12,440
We're just asking that it be done with thought, regulation, and rules behind it.

2021
02:14:12,440 --> 02:14:15,920
A grading ordinance can encompass many things.

2022
02:14:16,200 --> 02:14:29,340
Preservation of landscape, a tree protection program, and ordinance can help set rules that control erosion, sediment, unwanted runoff, as well as it would regulate land-disturbing activities such as stripping, mining, excavation, and harmful fill.

2023
02:14:29,800 --> 02:14:36,280
These ordinance are created to ensure adequate design while encouraging builders to preserve the natural landscape of land.

2024
02:14:37,760 --> 02:14:42,220
There are already numerous cities and counties in the state of Oregon that have grading ordinances

2025
02:14:42,220 --> 02:14:42,660
in place.

2026
02:14:43,180 --> 02:14:44,440
Those include the City of Bend.

2027
02:14:45,520 --> 02:14:50,320
To quote the City of Bend, a grading ordinance purpose is to promote public health, safety,

2028
02:14:50,800 --> 02:14:55,640
property, general welfare, aesthetics for the citizens of Bend by regulating clearing

2029
02:14:55,640 --> 02:14:59,840
Grading activities with land development included, but not limited to a

2030
02:15:00,000 --> 02:15:04,820
Natural clearing, brushing, excavating, and filling, or any other activity that disturbs the

2031
02:15:04,820 --> 02:15:09,460
topsoil. If this is already in place in the city of Bend, it seems natural that Deschutes

2032
02:15:09,460 --> 02:15:16,040
County would also want to protect and regulate its natural assets. Again, I'd like to make

2033
02:15:16,040 --> 02:15:19,460
it very clear that we're not against development. We just want to ensure that it's being done

2034
02:15:19,460 --> 02:15:23,660
with thought, planning, and regulation, so that central Oregon landscapes that we all

2035
02:15:23,660 --> 02:15:28,800
love is not just being clear cut or bulldozed down by the profit of a few individuals.

2036
02:15:29,460 --> 02:15:32,620
Once something is done to the land, it's very difficult to undo.

2037
02:15:33,980 --> 02:15:37,080
I do appreciate all of the time and effort that you guys have put into this,

2038
02:15:37,140 --> 02:15:40,300
and I do hope that you have time to put this as a priority for the next year.

2039
02:15:40,960 --> 02:15:41,320
Thank you.

2040
02:15:41,440 --> 02:15:42,080
Thank you.

2041
02:15:43,000 --> 02:15:43,340
Okay.

2042
02:15:44,180 --> 02:15:47,360
Before we leave, we have Mr. Stillson.

2043
02:15:47,620 --> 02:15:47,720
Bob?

2044
02:15:48,640 --> 02:15:49,080
All right.

2045
02:15:49,240 --> 02:15:53,800
And that's the last individual that I have signed up for this part of the agenda.

2046
02:15:54,100 --> 02:15:56,000
So if we have more, I need your cards.

2047
02:15:56,000 --> 02:15:59,040
Nancy, I indicated on her earlier card that she wanted to speak on both sides.

2048
02:15:59,040 --> 02:15:59,580
Oh, I'm sorry.

2049
02:15:59,820 --> 02:16:00,020
Okay.

2050
02:16:00,540 --> 02:16:00,880
All right.

2051
02:16:00,960 --> 02:16:01,180
Please.

2052
02:16:02,400 --> 02:16:08,800
So we were actually, with you guys last year, we made a presentation because we had a very

2053
02:16:08,800 --> 02:16:09,640
big question.

2054
02:16:10,320 --> 02:16:16,620
We were concerned that if somebody purchased a lava field zoned as RR10 property, how

2055
02:16:16,620 --> 02:16:23,540
much lava rock could they crush and remove before surface mining regulations would

2056
02:16:23,540 --> 02:16:23,960
kick in?

2057
02:16:23,960 --> 02:16:31,040
And I had actually conversed with Nick on emails and said, what is that amount?

2058
02:16:31,700 --> 02:16:33,940
And he could not give me an answer for that.

2059
02:16:34,260 --> 02:16:37,940
And we came before you, all of you, last year with that issue.

2060
02:16:38,540 --> 02:16:42,380
And in fact, Nick said during that meeting last year, and I'm quoting him,

2061
02:16:42,920 --> 02:16:47,380
some of the residents have really valid concerns that we don't have answers to.

2062
02:16:47,900 --> 02:16:51,220
The county does not have a grading and drainage ordinance today.

2063
02:16:51,220 --> 02:16:59,760
And so for the property owner to come in and begin to clear their site, there is that ability today and the question that I know people have is how much.

2064
02:17:00,140 --> 02:17:06,420
And that can't be answered for unincorporated to shoots County rural residential properties right now.

2065
02:17:06,740 --> 02:17:14,020
So we fully support having the County planners look at and hopefully develop a grading ordinance.

2066
02:17:15,020 --> 02:17:19,360
We feel that having these parameters clearly define protects everybody,

2067
02:17:19,980 --> 02:17:25,240
not just local residences but developers because there's a well-defined parameters,

2068
02:17:25,600 --> 02:17:33,400
as well as the county itself because that would prevent issues getting escalated to the point of litigation.

2069
02:17:34,120 --> 02:17:37,760
So we feel this protects not only people within Deschutes River Woods,

2070
02:17:37,920 --> 02:17:41,120
but all over unincorporated Deschutes County.

2071
02:17:41,120 --> 02:17:47,200
And in fact, the only opposition we've had to this proposal in every meeting that we've

2072
02:17:47,200 --> 02:17:52,440
been to is that the state already regulates this so it's not needed for the county.

2073
02:17:53,040 --> 02:17:57,660
However, if that was the case, then cities would not have grading ordinance,

2074
02:17:58,120 --> 02:18:02,260
nor would other counties have grading ordinances such as Washington County.

2075
02:18:02,780 --> 02:18:09,420
And the fact is, if the purpose of having local government is so that we can create our own rules

2076
02:18:09,420 --> 02:18:15,220
and enforce those rules instead of waiting for Salem to come in when it becomes a situation

2077
02:18:15,220 --> 02:18:21,220
that's become too late. The county planning staff had said repeatedly, and Nick repeated

2078
02:18:21,220 --> 02:18:27,420
that today, that they take very serious citizen input. And for the last year, we have been

2079
02:18:27,420 --> 02:18:34,660
providing oral testimony, letters of support, participation at planning meetings, and actually

2080
02:18:34,660 --> 02:18:40,140
we have quite a few people here that aren't speaking, but also support the fact of not

2081
02:18:40,140 --> 02:18:45,200
only evaluating a grading ordinance on the county's work plan, but hopefully implementing

2082
02:18:45,200 --> 02:18:45,640
one.

2083
02:18:46,420 --> 02:18:46,800
Thank you.

2084
02:18:47,200 --> 02:18:50,680
We have voices heard because it was a recommendation by the Planning Commission to us as well,

2085
02:18:50,800 --> 02:18:53,020
so thank you for staying engaged in the process.

2086
02:18:53,380 --> 02:18:54,220
Thank you for your time.

2087
02:18:54,460 --> 02:18:54,700
You bet.

2088
02:18:55,860 --> 02:18:57,580
Mr. Stilson, just one moment.

2089
02:18:57,860 --> 02:19:01,100
I'd ask Ms. Gould-Nancy to come back up, please.

2090
02:19:02,900 --> 02:19:03,700
Thank you.

2091
02:19:03,700 --> 02:19:05,140
My name's Bob Stolson.

2092
02:19:05,540 --> 02:19:09,460
I live on Paiute Circle in Deschutes River Woods.

2093
02:19:10,920 --> 02:19:13,860
Our Deschutes River Woods community,

2094
02:19:14,280 --> 02:19:16,380
we're not a special interest group,

2095
02:19:16,640 --> 02:19:18,900
but we are a special community.

2096
02:19:20,240 --> 02:19:22,820
And we believe a grading ordinance

2097
02:19:23,780 --> 02:19:27,720
is needed to protect our special community.

2098
02:19:29,580 --> 02:19:33,080
If Julie has not been able to overwhelm you

2099
02:19:33,080 --> 02:19:39,880
with our convincing argument over the past year. I'm here to kill you with

2100
02:19:39,880 --> 02:19:40,720
kindness.

2101
02:19:42,900 --> 02:19:48,120
No matter how our issue works out or gets resolved I would like to

2102
02:19:48,120 --> 02:19:55,780
thank you all again and the County Development Commission for the time

2103
02:19:55,780 --> 02:20:02,140
it patience you've given us the past year. In a time when a lack of

2104
02:20:02,140 --> 02:20:08,940
civility and decorum is all too prevalent on the national scene, Deschutes County has

2105
02:20:08,940 --> 02:20:16,660
proven to be the opposite. The county will always be overworked, underfunded, and struggling

2106
02:20:16,660 --> 02:20:26,920
to catch up, especially given the explosive growth in Central Oregon. However, at least

2107
02:20:26,920 --> 02:20:34,980
our process, while it is cumbersome at times, it seems to be alive and well here.

2108
02:20:35,880 --> 02:20:39,340
And we do sincerely thank you for that.

2109
02:20:40,140 --> 02:20:41,720
Thank you very much.

2110
02:20:42,540 --> 02:20:44,040
Okay, just one moment.

2111
02:20:44,400 --> 02:20:46,240
Mr. Kuhn, I'd like to ask you back.

2112
02:20:47,340 --> 02:20:47,380
Please.

2113
02:20:47,920 --> 02:20:48,840
Hello, Nancy Gould.

2114
02:20:49,020 --> 02:20:50,400
I'm a Deschutes County resident.

2115
02:20:50,400 --> 02:20:56,960
For your work plan, I do believe the grading review is warranted.

2116
02:20:58,540 --> 02:21:01,800
I would go slow on the marijuana review.

2117
02:21:04,280 --> 02:21:09,340
Putting it on your fall agenda would be faster than even a one-year review,

2118
02:21:09,660 --> 02:21:15,060
and it appears as though the county has work to do with its own code enforcement.

2119
02:21:15,060 --> 02:21:22,880
And I'm a little surprised that it needs to consult with the DA or the sheriff's office.

2120
02:21:23,620 --> 02:21:32,800
The county's land use rules are what code enforcement also reviews, not just miscellaneous trash or debris.

2121
02:21:33,760 --> 02:21:38,920
Land use rules and in particular conditions of approval.

2122
02:21:38,920 --> 02:21:46,620
And so code enforcement, I think, should rank very high on your work plan.

2123
02:21:47,000 --> 02:21:53,860
As you saw, a 25% increase according to the stats on the PowerPoint with Nick Laylack.

2124
02:21:54,280 --> 02:22:06,340
Code enforcement is an increasing issue, and that's predominantly because what is being approved in the community comes with a litany list of conditions.

2125
02:22:06,340 --> 02:22:16,540
And so it really does befall our community government to be

2126
02:22:18,590 --> 02:22:27,830
sure that the conditions of approval that it's creating for whatever the land use is that it's approving are actually put into play.

2127
02:22:27,830 --> 02:22:36,710
And I spent time on the Code Enforcement Text Amendment, several long-winded meetings,

2128
02:22:37,030 --> 02:22:47,500
that actually provide your staff the ability to create a code enforcement complaint themselves.

2129
02:22:47,780 --> 02:22:50,120
So it used to just be Joe Q. Neighbor.

2130
02:22:50,560 --> 02:22:55,700
The onus was all on that individual who had to identify themselves and bring the case forward,

2131
02:22:55,700 --> 02:22:58,480
provide the documentation, et cetera, et cetera.

2132
02:22:59,760 --> 02:23:05,820
Now with the new Code Enforcement Text Amendment you have, it's very much in your own camp.

2133
02:23:06,200 --> 02:23:15,820
And so those of us who partake in an application that comes with it, a condition or several conditions of approval,

2134
02:23:16,000 --> 02:23:24,520
we are looking to our government to implement the land use rules that its state are needed.

2135
02:23:24,520 --> 02:23:28,540
And I think that comes to play whether it's marijuana or whether it's a solar

2136
02:23:28,540 --> 02:23:34,820
farm or a destination resort or a non-farm dwelling or any one of these

2137
02:23:34,820 --> 02:23:41,840
individual things. So I would put code enforcement high on your list.

2138
02:23:42,720 --> 02:23:48,660
In the past code enforcement has been tied to CDD fees and you heard me just

2139
02:23:48,660 --> 02:23:57,040
at the previous discussion about fees, bring to the attention that we need to at least charge.

2140
02:23:57,560 --> 02:24:02,920
Because if you don't have your code enforcement staff, you have a great excuse

2141
02:24:02,920 --> 02:24:08,920
for why you can't actually get condition of approval 1 through 10 implemented.

2142
02:24:16,530 --> 02:24:24,490
Then the other thing I'd like to share with you is this continuing pressure to be reviewing non-agricultural lands.

2143
02:24:24,490 --> 02:24:28,470
I think that's been beat over the bush.

2144
02:24:28,630 --> 02:24:33,870
It's ad nauseam that needs to be removed from this work, this work plan.

2145
02:24:34,490 --> 02:24:44,770
And I do appreciate Andy Anderson's comments about being assessed for a greenhouse that he can't grow in.

2146
02:24:45,250 --> 02:24:48,970
And I might just share something. He could take his greenhouse down.

2147
02:24:49,850 --> 02:24:54,150
he could grow another agricultural crop in his greenhouse.

2148
02:24:54,970 --> 02:24:58,170
But once you make improvements on your land,

2149
02:24:59,050 --> 02:25:02,770
the prerogative of our community to tax the improvements

2150
02:25:02,770 --> 02:25:05,110
is part of the revenue that we're creating.

2151
02:25:05,610 --> 02:25:09,090
And just to say, hey, now you have to change the entitlements

2152
02:25:09,090 --> 02:25:14,310
so I can perfect this to my particular use that today is not allowed,

2153
02:25:14,310 --> 02:25:22,090
I think that puts the community in a very interesting situation.

2154
02:25:22,670 --> 02:25:30,390
A little bit like destination resort saying, hey, you have to save us even though the model is no longer there.

2155
02:25:31,150 --> 02:25:37,030
So the iteration on the marijuana production is in its infancy here.

2156
02:25:37,030 --> 02:25:44,050
I encourage the government, your government to move slowly.

2157
02:25:44,850 --> 02:25:48,150
I know that you are also somewhat conflicted

2158
02:25:48,150 --> 02:25:52,250
because you are acting as a banker for revenue

2159
02:25:52,250 --> 02:25:57,770
through the course of the lease of your industrial lands in Lapine.

2160
02:25:58,530 --> 02:26:03,510
And I think it's very important that you recognize this link

2161
02:26:05,190 --> 02:26:10,830
and that you come forward in your disclosures when you deal with that topic.

2162
02:26:11,290 --> 02:26:20,490
And I think I've mentioned that by email, and that's not come to light in the course of this public hearing.

2163
02:26:20,830 --> 02:26:26,770
We have not taken action on that under the purview of the city of LaPine.

2164
02:26:27,110 --> 02:26:30,590
I need your testimony to stay to what we have on the work plan.

2165
02:26:30,590 --> 02:26:36,250
So in terms of moving fast and putting marijuana regulations on the work plan,

2166
02:26:36,450 --> 02:26:39,590
I don't think that is warranted at this time.

2167
02:26:40,770 --> 02:26:48,630
And I do believe that the Bend Metropolitan Parks and Rec District Park Telecom,

2168
02:26:50,250 --> 02:26:54,510
since Deschutes County does not have its own parks department,

2169
02:26:55,130 --> 02:26:59,070
that park adds to the matrix.

2170
02:26:59,070 --> 02:27:06,130
So whilst it might be considered a city park it does play that role in our community

2171
02:27:06,750 --> 02:27:08,870
Thank you. Thank you

2172
02:27:09,530 --> 02:27:13,210
Mr. Kuhn and last we have Ken Katzra, please

2173
02:27:13,210 --> 02:27:20,090
Good morning again. Hi. No, good afternoon. Yeah, we're trying to wrap up here. We have four four more items five

2174
02:27:20,090 --> 02:27:22,230
Mr. Henderson, I'd like to

2175
02:27:22,910 --> 02:27:25,690
comment on your comment about the

2176
02:27:30,270 --> 02:27:39,730
CDD having to do the code enforcement. You mentioned that this past year and in this budget it

2177
02:27:39,730 --> 02:27:45,910
seems to be that you have enough funds to handle all the complaints. Unfortunately that's

2178
02:27:45,910 --> 02:27:51,250
not always been the case. There are many years in the past when the CDD would be concerned

2179
02:27:51,250 --> 02:27:55,190
about that. That's my rebuttal to you, sir. Thank you.

2180
02:27:55,750 --> 02:28:03,330
Well, yeah, since you were responding, that may be the case. I wasn't here then. I'm just, you were calling for fees to make.

2181
02:28:03,510 --> 02:28:09,270
And I'm just saying I don't think that's really the problem now, currently. Yeah, there was, leaner years.

2182
02:28:09,730 --> 02:28:19,070
Good. Mention of the text amendment was brought up, and I would like to thank you for your help in getting that completed, commissioners.

2183
02:28:19,830 --> 02:28:27,210
That tax amendment took 13 years to get through you, through to you so that you could pass

2184
02:28:27,210 --> 02:28:35,150
it, took numerous trips back to the builders, back to the realtors to get their buy-in on

2185
02:28:35,150 --> 02:28:37,970
it, and it was not an easy process.

2186
02:28:39,590 --> 02:28:46,890
It was postponed from your schedule many times because CDD didn't think it was important

2187
02:28:46,890 --> 02:28:47,230
enough.

2188
02:28:47,230 --> 02:28:51,290
but it is, and thank you.

2189
02:28:52,030 --> 02:28:54,310
The question is, is growth good?

2190
02:28:55,350 --> 02:28:57,910
I can give you numerous reasons why it's not,

2191
02:28:58,050 --> 02:29:01,550
and I will quickly refer to the concept that when my mother died,

2192
02:29:01,810 --> 02:29:04,770
during her lifetime, the population of the world doubled,

2193
02:29:05,010 --> 02:29:05,890
and it doubled again.

2194
02:29:06,830 --> 02:29:09,290
It's more than doubled and doubled,

2195
02:29:10,030 --> 02:29:12,530
not quite again during my lifetime.

2196
02:29:14,470 --> 02:29:17,530
What is the projected growth of Deschutes County?

2197
02:29:17,770 --> 02:29:20,770
Have you done long-range planning on the growth of Deschutes County?

2198
02:29:20,950 --> 02:29:24,750
When are you going to say, hey, growth, maybe we don't want it?

2199
02:29:25,370 --> 02:29:30,230
If the population growth continues at the rate that it is in the past several years,

2200
02:29:30,770 --> 02:29:37,390
there will be one square meter for every, on the dry land surface of the earth,

2201
02:29:37,550 --> 02:29:40,250
for every person in 500 years.

2202
02:29:40,250 --> 02:29:44,950
That's ridiculous. We're going to die at something else, aren't we?

2203
02:29:46,750 --> 02:29:56,790
When I come to you, I talk to you about things like the value of my property.

2204
02:29:57,410 --> 02:29:59,970
I'd like to call to the attention of the folks in the

2205
02:30:06,500 --> 02:30:13,060
This has to do with bringing to the attention of the county things that need to be addressed

2206
02:30:13,060 --> 02:30:22,680
through text amendments. And I'd like to call your attention to ORS 105.464. This is the seller's

2207
02:30:22,680 --> 02:30:29,340
property disclosure statement. And on that seller's disclosure property statement it says

2208
02:30:29,340 --> 02:30:34,820
As number nine, full disclosure by sellers, are there any other material defects affecting

2209
02:30:34,820 --> 02:30:39,320
this property or its value that a prospective buyer should know about?

2210
02:30:40,140 --> 02:30:49,060
If you are the owner of property that is right next to a grow or a couple that has

2211
02:30:49,060 --> 02:30:57,980
assaulted you or that has inflicted other types of harm on you, I guarantee you

2212
02:30:57,980 --> 02:31:03,320
you will not get anything close to the value of the property that you want to get if you

2213
02:31:03,320 --> 02:31:08,760
were selling to somebody like you. Now, if you want to sell to another grower, maybe you'll

2214
02:31:08,760 --> 02:31:17,760
get more. But I caution you to look for the value of your property when you consider whether

2215
02:31:17,760 --> 02:31:20,140
or not you want to grow next to them.

2216
02:31:22,530 --> 02:31:27,090
Lights in a wildlife area overlay zone. I've seen

2217
02:31:27,090 --> 02:31:33,430
applications for a grow in a wildlife area overlay zone.

2218
02:31:34,170 --> 02:31:45,210
We went to civil court in 2000 because the other party in our cluster development had

2219
02:31:45,210 --> 02:31:51,590
their lights on 24 hours a day, seven days a week, 365 days a year for two years.

2220
02:31:52,430 --> 02:31:55,690
Mr. Anderson came out to our property, looked, did you come out?

2221
02:31:55,830 --> 02:31:56,230
I can't remember.

2222
02:31:56,230 --> 02:32:03,590
I know that you were concerned about it and you came out you had somebody come out and they did an inspection and the county code

2223
02:32:03,590 --> 02:32:04,670
did not

2224
02:32:05,990 --> 02:32:12,090
Deal with the situation of the kind of lights that were being shined in a wildlife area overlay zone

2225
02:32:12,090 --> 02:32:17,590
The judge said I can't force you to turn off the lights, but I can

2226
02:32:17,590 --> 02:32:22,210
Find you for harassment. He'd find them for harassment

2227
02:32:23,130 --> 02:32:30,710
There needs to be a text amendment dealing with light in a wildlife area overlay zone

2228
02:32:30,710 --> 02:32:40,790
that is sufficient to stop a gross situation where there are greenhouses illuminating kind of light that they do.

2229
02:32:41,270 --> 02:32:48,270
And I sure hope you don't let razor wire in a wildlife area overlay where fences have to be,

2230
02:32:48,270 --> 02:32:52,730
what is it, 18 inches and no more than whatever it is, 40-some inches?

2231
02:32:53,570 --> 02:32:54,330
That's crazy.

2232
02:32:54,810 --> 02:32:56,550
So you'd like us to keep that on the work plan?

2233
02:32:56,590 --> 02:32:57,390
Yes, please.

2234
02:32:57,850 --> 02:32:57,990
Okay.

2235
02:32:58,110 --> 02:33:00,590
Because what we'll do is encapsulate all those pieces.

2236
02:33:01,430 --> 02:33:02,690
Today's just shouldn't be...

2237
02:33:02,870 --> 02:33:03,090
Good.

2238
02:33:03,610 --> 02:33:07,330
One other issue that I have here is the WHCMP plan.

2239
02:33:07,510 --> 02:33:11,610
That's the Wildlife Habitat Conservation Management Plan.

2240
02:33:11,610 --> 02:33:21,670
again. I've seen an application for a grow that has one of these tax deferrals. If you

2241
02:33:21,670 --> 02:33:28,630
don't take away that tax deferral for somebody that's growing marijuana with grow lights,

2242
02:33:29,970 --> 02:33:31,090
that's crazy.

2243
02:33:31,830 --> 02:33:34,290
And we'll take that under advisement.

2244
02:33:34,590 --> 02:33:37,590
Please let me check my notes to see if I've missed them.

2245
02:33:37,610 --> 02:33:39,270
Okay, but you're well over the three minutes and we are.

2246
02:33:39,270 --> 02:33:43,750
I know, but you let more people go over five minutes while I was watching.

2247
02:33:43,910 --> 02:33:44,210
OK.

2248
02:33:46,540 --> 02:33:48,100
You've tried that before.

2249
02:33:55,400 --> 02:34:01,900
When I complained about the comments that CDD made in our hearing,

2250
02:34:03,960 --> 02:34:06,160
I filed it with CDD.

2251
02:34:06,200 --> 02:34:07,940
I sent an email and all that kind of stuff.

2252
02:34:08,060 --> 02:34:11,140
I think I copied you guys and there was no response.

2253
02:34:11,920 --> 02:34:15,680
They didn't even they didn't even communicate with me about my complaint.

2254
02:34:17,280 --> 02:34:22,720
That's pretty shoddy. I wonder if they even put it on their little record as somebody that was complaining.

2255
02:34:30,240 --> 02:34:33,920
I also object to the name CDD, Community Development Department.

2256
02:34:34,860 --> 02:34:42,580
CDD is supposed to be responsible for protecting the wildlife habitat, and they are not. Thank you.

2257
02:34:42,720 --> 02:34:47,820
Yes, thank you. I very much appreciate your input. I'm just trying to keep it focused toward today's.

2258
02:34:49,810 --> 02:34:50,470
Bring us home.

2259
02:34:51,370 --> 02:34:57,910
I'll be 30 seconds or less. Thank you, CDD, for all your work on this. It's gotten more complicated every year, hasn't it?

2260
02:34:58,870 --> 02:35:03,570
I just have one question, which is, is records staying open or are you planning to close it today?

2261
02:35:04,390 --> 02:35:08,630
I think we were hoping to close it today, but if we haven't had a request to leave it open,

2262
02:35:08,990 --> 02:35:12,230
you can always make one, and then we can determine whether or not...

2263
02:35:12,230 --> 02:35:14,770
You can communicate it with me if you could open it.

2264
02:35:14,830 --> 02:35:17,150
Okay, very good. Thank you. Okay, so now we have to...

2265
02:35:17,150 --> 02:35:17,970
Sorry to open that can of worms.

2266
02:35:17,970 --> 02:35:23,550
No. Thank you. It's certain like a week, two days, an hour. I'm kidding.

2267
02:35:24,930 --> 02:35:25,330
Week?

2268
02:35:26,050 --> 02:35:27,250
Okay. All right.

2269
02:35:27,750 --> 02:35:28,670
For written records? That one?

2270
02:35:28,710 --> 02:35:29,410
Written record only.

2271
02:35:29,590 --> 02:35:30,830
Written record only. Okay.

2272
02:35:31,010 --> 02:35:31,290
That'd be fine.

2273
02:35:31,410 --> 02:35:33,490
All right. So, great.

2274
02:35:33,990 --> 02:35:36,790
And this, yes, Mr. McGinnis, please, we have to have you on the record.

2275
02:35:38,740 --> 02:35:39,500
Is that, yep,

2276
02:35:43,560 --> 02:35:44,320
very quickly.

2277
02:35:44,640 --> 02:35:48,100
And then you're going to have to beg forgiveness for all the other people I'm not going to allow that for.

2278
02:35:48,100 --> 02:35:55,120
30 seconds. I believe the ruling is that if you become before the court, you come clean

2279
02:35:55,120 --> 02:35:55,700
of hands.

2280
02:35:56,020 --> 02:35:56,220
Yes.

2281
02:35:56,780 --> 02:36:03,720
And I believe all of us in this room should come clean of hands. As an example, wearing

2282
02:36:03,720 --> 02:36:09,240
a hat in a public meeting like this is disgraceful. And you as the chairman.

2283
02:36:10,300 --> 02:36:17,360
Thank you. Thank you very much. Okay. I'm Mr. Beginnes. I am not offended, so I'm

2284
02:36:17,360 --> 02:36:27,200
going to be, I'm going to be fine with that. Okay. Okay. Great. I have a request for, let's

2285
02:36:27,200 --> 02:36:30,580
wrap this, okay, we're going to wrap this part up. So Nick, it sounds like we'd like

2286
02:36:30,580 --> 02:36:33,200
to, I'm going to close the oral portion of the hearing.

2287
02:36:33,820 --> 02:36:38,220
Well, as you close it, I'd like to thank everybody for the comments. I mean, this

2288
02:36:38,220 --> 02:36:41,940
is it. This is where people are sharing their passions, their thoughts, their

2289
02:36:41,940 --> 02:36:47,560
positions. You know, we are dealing with very diverse input on many subjects right now. So

2290
02:36:47,560 --> 02:36:49,120
thank you so much for joining us.

2291
02:36:53,000 --> 02:36:56,280
Can you catch us at it? We're going to take a quick break.

2292
02:36:56,760 --> 02:36:59,840
We're going to leave the record open and you'll be able to just tell us whatever you

2293
02:36:59,840 --> 02:37:00,280
want.

2294
02:37:07,700 --> 02:37:14,400
Oh, I had stated his name. So it's just we it's a formality that we often get

2295
02:37:14,400 --> 02:37:18,460
request to leave the record open for further – to bring further information in.

2296
02:37:22,400 --> 02:37:23,300
I don't think it matters.

2297
02:37:23,720 --> 02:37:24,620
The CDD work plan.

2298
02:37:24,700 --> 02:37:25,700
The CDD work plan.

2299
02:37:25,900 --> 02:37:27,920
It's the work plan – the work plan in general.

2300
02:37:28,540 --> 02:37:28,760
Okay.

2301
02:37:29,940 --> 02:37:30,320
All right.

2302
02:37:32,380 --> 02:37:36,700
Nick, we'd like to close – I'm closing the oral portion of the testimony, and

2303
02:37:36,700 --> 02:37:38,660
we'd like to leave the record open for a week.

2304
02:37:40,660 --> 02:37:43,380
I – do you have pieces that –

2305
02:37:43,380 --> 02:37:47,540
Oh, I didn't know if he was going to say something then we can say something briefly or whatever.

2306
02:37:47,720 --> 02:37:48,660
I'm just here to provide support.

2307
02:37:49,960 --> 02:37:54,480
I would like to add the grading ordinance this year to take a look at that.

2308
02:38:00,080 --> 02:38:04,600
And so I guess that I don't know what I'm asking for.

2309
02:38:05,400 --> 02:38:07,020
Commissioner, it is proposed.

2310
02:38:07,600 --> 02:38:11,740
And the Planning Commission's recommendation is on page 31 of the draft plan that you have before you.

2311
02:38:11,740 --> 02:38:15,940
And it's the language I proposed on the slide.

2312
02:38:16,480 --> 02:38:18,800
Consider and evaluate whether to develop a grading ordinance.

2313
02:38:19,480 --> 02:38:19,780
Okay.

2314
02:38:20,260 --> 02:38:22,800
And then we can determine how lengthy all that.

2315
02:38:22,960 --> 02:38:23,120
Okay.

2316
02:38:23,340 --> 02:38:23,520
Please.

2317
02:38:23,700 --> 02:38:24,700
Well, yeah, the scenario.

2318
02:38:24,960 --> 02:38:26,140
I was thinking about a property.

2319
02:38:26,600 --> 02:38:31,260
If I went in my backyard with an excavator and just started loading up trucks and selling the dirt,

2320
02:38:31,620 --> 02:38:32,480
where is that line?

2321
02:38:32,600 --> 02:38:35,700
So it would be good to understand what are the current parameters.

2322
02:38:36,120 --> 02:38:38,520
So doing some research along those lines I support.

2323
02:38:38,840 --> 02:38:41,160
It doesn't mean we go forward and take action.

2324
02:38:41,160 --> 02:38:46,080
It means that we I want to further better understand the issue and so that's going to require time.

2325
02:38:46,200 --> 02:38:47,900
So having that on the work plan would be great.

2326
02:38:48,040 --> 02:38:57,060
So and then my thought, you know, great job on the work plan in terms of the amount of detail, the background, you know, the measurement tools.

2327
02:38:57,280 --> 02:39:03,720
And if other people here today as citizens or taxpayers where I've seen it, it's quite thorough.

2328
02:39:04,060 --> 02:39:10,380
And I think my goal would be that there's a few things I'd like to flesh out a little more that the substance of them.

2329
02:39:10,380 --> 02:39:15,060
I know we have that option to do it next year, but I view this as kind of the one time of

2330
02:39:15,060 --> 02:39:19,140
year that we kind of give guidance to your department or get involved with a specific.

2331
02:39:19,420 --> 02:39:23,240
And so, you know, there's several that we've talked about here that I'd like to maybe suggest

2332
02:39:23,240 --> 02:39:29,340
at our next meeting some changes in the wording or a little different wording or just so

2333
02:39:29,340 --> 02:39:34,220
it's kind of focused and somewhat in response to testimony heard, but some somewhat just

2334
02:39:34,220 --> 02:39:39,240
in terms of issues that I think we've been talking about with regard to affordable

2335
02:39:39,240 --> 02:39:44,140
housing, the re-designation, the review we've talked about for, you know, maybe it's a little

2336
02:39:44,140 --> 02:39:50,740
more targeted. So that would be my hope in our next whenever we get to discover discussing it to

2337
02:39:50,740 --> 02:39:55,260
kind of work through that. But great job. And thank you for every all the testimony today.

2338
02:39:55,260 --> 02:40:01,620
And it's really interesting to hear them, you know, people's thoughts on this. It's

2339
02:40:01,620 --> 02:40:07,560
important. Thank you. So I will we need to continue this to a date certain. And I'm

2340
02:40:07,560 --> 02:40:09,940
going to look to you to which one makes the most sense.

2341
02:40:10,400 --> 02:40:14,620
The board could consider closing the record next Tuesday, so it's just shy of a week

2342
02:40:14,620 --> 02:40:19,880
at five o'clock so that it's available for you to discuss next Wednesday, the 21st,

2343
02:40:19,880 --> 02:40:20,940
on your agenda.

2344
02:40:21,360 --> 02:40:24,640
And given that it's not a formal land use proceeding, it doesn't have to be formally

2345
02:40:24,640 --> 02:40:29,760
– I mean, you can continue it, but what I'm hearing is that deliberations would

2346
02:40:29,760 --> 02:40:31,920
occur as early as next Wednesday.

2347
02:40:32,240 --> 02:40:32,460
Correct.

2348
02:40:33,080 --> 02:40:33,340
Okay.

2349
02:40:33,480 --> 02:40:33,760
Sound good?

2350
02:40:34,240 --> 02:40:34,660
All right.

2351
02:40:34,940 --> 02:40:35,580
Thank you very much.

2352
02:40:35,580 --> 02:40:36,420
Thank you everyone.

2353
02:40:36,960 --> 02:40:39,800
Well, we're going to take a break and you're welcome to, I can't have you holler anything

2354
02:40:39,800 --> 02:40:41,260
else out, but you can meet me in the hallway.

2355
02:40:42,060 --> 02:40:42,460
All right.

2356
02:40:48,670 --> 02:40:55,230
On to item number 19, public hearing consideration of signature of document number 2017-337.

2357
02:40:55,470 --> 02:41:00,350
And we are also going to do the opening comments for the public hearing for document

2358
02:41:00,350 --> 02:41:02,470
number 2017-338.

2359
02:41:02,750 --> 02:41:03,930
So please, go right ahead.

2360
02:41:05,150 --> 02:41:08,610
Do you want to do the, so this is a public hearing on an outdoor mass gathering.

2361
02:41:08,810 --> 02:41:09,130
Thank you.

2362
02:41:12,990 --> 02:41:18,450
Application 24717000311-OMG and 00398-OMG.

2363
02:41:18,790 --> 02:41:22,350
Board's decision on this application will be based upon the record, the staff report,

2364
02:41:22,530 --> 02:41:23,730
and the testimony and evidence.

2365
02:41:23,950 --> 02:41:25,290
Thank you presented at this hearing.

2366
02:41:25,690 --> 02:41:28,450
And following the hearing, if the record should be left open.

2367
02:41:28,830 --> 02:41:30,710
The hearing will be conducted in the following order.

2368
02:41:30,870 --> 02:41:32,410
Staff will provide a brief report.

2369
02:41:32,630 --> 02:41:34,430
Applicant will present testimony and evidence.

2370
02:41:34,890 --> 02:41:37,570
Opponents and proponents will testify and present evidence.

2371
02:41:37,570 --> 02:41:40,870
Other interested parties will then present testimony or evidence.

2372
02:41:41,070 --> 02:41:43,110
Applicants present rebuttal testimony.

2373
02:41:43,590 --> 02:41:46,650
Staff will be afforded an opportunity to make closing remarks.

2374
02:41:46,990 --> 02:41:48,550
And Cynthia, I will turn it over to you.

2375
02:41:49,530 --> 02:41:51,270
Good afternoon, commissioners.

2376
02:41:51,350 --> 02:41:53,370
Cynthia with Community Development Department.

2377
02:41:53,550 --> 02:41:55,410
And now that we've cleaned the room out,

2378
02:41:55,530 --> 02:41:58,370
we can breathe a little easier because we're not dealing with land use planning.

2379
02:41:58,870 --> 02:42:00,950
However, I will make reference to it a little bit.

2380
02:42:02,030 --> 02:42:04,870
That opening statement is our land use opening statement,

2381
02:42:04,870 --> 02:42:12,470
but it was there for a template for the board of county ministers to work from.

2382
02:42:13,310 --> 02:42:15,610
I'll cover the Newberry event first.

2383
02:42:17,830 --> 02:42:22,670
Newberry event festival to defeat MS and Doug and Gloria Watt are the applicant.

2384
02:42:23,930 --> 02:42:27,110
Code overview, let me get through here.

2385
02:42:27,250 --> 02:42:29,170
I'm going to summarize a little bit of the code real quick.

2386
02:42:29,270 --> 02:42:32,210
I know we're running late and a little bit of the proposal.

2387
02:42:33,850 --> 02:42:37,650
Title 18, the county zoning ordinance is not applicable in this case.

2388
02:42:37,930 --> 02:42:40,130
Title 8, the county health and safety ordinance.

2389
02:42:40,530 --> 02:42:46,870
In particular, Chapter 8.16 of the county code regulates outdoor mass gathering permits.

2390
02:42:47,690 --> 02:42:53,610
At the state level, it's Oregon Revised Statue 433 that provides regulations for the outdoor mass gathering permits.

2391
02:42:54,270 --> 02:42:58,590
And in particular, I just want to point this out that ORS 433-750

2392
02:42:58,590 --> 02:43:03,770
safety requires the governing body, the Board of County Commissioners in this case, to issue

2393
02:43:03,770 --> 02:43:08,890
the outdoor mass gathering permit when the organizer demonstrates compliance with or

2394
02:43:08,890 --> 02:43:13,330
the ability to comply with the health and safety rules governing the outdoor mass gathering.

2395
02:43:14,270 --> 02:43:20,370
It's very ministerial, objective, cut and dry kind of approval here.

2396
02:43:20,970 --> 02:43:25,670
Title 22, our county procedures ordinance only applies in certain situations.

2397
02:43:25,670 --> 02:43:30,790
We do provide notice to the newspaper, public hearing notice.

2398
02:43:31,670 --> 02:43:38,550
And as a courtesy, we provide, as the planning division provides notice to the surrounding property owners

2399
02:43:38,550 --> 02:43:40,330
just so they know what's coming in their neighborhood.

2400
02:43:41,030 --> 02:43:43,050
We also provide notice to certain agencies.

2401
02:43:43,710 --> 02:43:45,950
And in this case, we've got the Newbury event.

2402
02:43:46,070 --> 02:43:51,150
They've been holding an annual music event for approximately four years on the subject property.

2403
02:43:51,150 --> 02:43:55,090
For the last three years, they've been issued an event permit, which is through the Risk

2404
02:43:55,090 --> 02:43:59,310
Management Department, for 2014, 15, and 16.

2405
02:43:59,810 --> 02:44:04,070
And this year, they want to jump up into the outdoor mass gathering permit category, which

2406
02:44:04,070 --> 02:44:06,810
means over 500 people and less than 3,000.

2407
02:44:07,310 --> 02:44:09,830
Their proposed attendance would be 750.

2408
02:44:13,480 --> 02:44:20,220
The festival occurs at 1-6685 and 1-6693.

2409
02:44:20,900 --> 02:44:24,200
sprake, loop, and lapiole provide a vicinity map in a minute.

2410
02:44:24,640 --> 02:44:30,140
This area is surrounded primarily by residential uses within the Lazy River South subdivision.

2411
02:44:30,680 --> 02:44:35,660
There are some larger forest and farm zone properties in the area undeveloped, including

2412
02:44:35,660 --> 02:44:38,900
public lands managed by the Bureau of Land Management, or the BLM.

2413
02:44:39,540 --> 02:44:45,200
And the property is adjacent to the south to Quail Run Golf Course in the west of

2414
02:44:45,200 --> 02:44:46,020
the Little Dishoots River.

2415
02:44:46,960 --> 02:44:51,300
This is a general map just so you have reference if you can see it.

2416
02:44:51,820 --> 02:44:52,940
It's also in your packet.

2417
02:44:54,320 --> 02:44:59,480
And the event site is in red and there's additional parking sites.

2418
02:45:06,580 --> 02:45:08,780
I'm going to

2419
02:45:11,790 --> 02:45:25,390
go over some basics here. The outdoor mass gathering permits are regulated with hours of operation, health, sanitation, safety, they need a security plan, a control plan, a parking plan, all those things we look at with an outdoor mass gathering permit.

2420
02:45:25,390 --> 02:45:31,830
Permit. Regarding duration and attendance, an outdoor mass gathering permit can operate

2421
02:45:31,830 --> 02:45:36,350
no more than 10 days, and that includes setup, placement, storage, takedown, and everything

2422
02:45:36,350 --> 02:45:41,770
in between, including the festival. The Newbury event is asking for five days, July 20th

2423
02:45:41,770 --> 02:45:48,330
to the 24th. Site prep will start on July 20th, and cleanup will conclude on July 24th.

2424
02:45:48,610 --> 02:45:53,710
The actual Music and Art Festival will be on Friday, July 21st, being at 10 a.m.,

2425
02:45:53,710 --> 02:45:58,250
and ending around 8 Sunday, July 23rd.

2426
02:45:58,250 --> 02:46:03,650
There will be on-site camping opening on Thursday, July 23rd,

2427
02:46:03,830 --> 02:46:08,550
or sorry, July 20th, pardon me, patrons will leave by July 23rd.

2428
02:46:08,750 --> 02:46:10,910
There's no reference to music on Thursday,

2429
02:46:11,830 --> 02:46:14,290
just starting Friday, Saturday, and Sunday for music.

2430
02:46:15,190 --> 02:46:18,570
Also by definition, an outdoor mass gathering can have

2431
02:46:18,570 --> 02:46:21,370
a reasonably anticipated attendance more

2432
02:46:21,370 --> 02:46:27,590
than 500 persons in less than 3,000, as indicated previously, and this is over the course of

2433
02:46:27,590 --> 02:46:29,090
the event, so it's cumulative.

2434
02:46:30,550 --> 02:46:37,330
The Newberry event anticipates 750, which includes attendees, vendor staff, sound and

2435
02:46:37,330 --> 02:46:42,190
video staff, volunteers, traffic controllers, medical security, all the organizers.

2436
02:46:42,450 --> 02:46:44,090
All those are grouped into that 750.

2437
02:46:44,770 --> 02:46:50,690
There is a buffer there of 10%, so that is written into the draft permit.

2438
02:46:50,690 --> 02:46:53,350
But I think that brings it up to 800 odd people.

2439
02:46:54,810 --> 02:47:03,410
Hours of operation, an outdoor mass gathering cannot be conducted within 1,000 feet of any

2440
02:47:03,410 --> 02:47:11,510
residents between the hours of 12.01 and 9.00 a.m., so just after midnight, unless written

2441
02:47:11,510 --> 02:47:14,910
consent has been provided from neighboring property owners.

2442
02:47:14,910 --> 02:47:32,570
The Newberry event proposes amplified music to 10 p.m. and acoustic music to 1 p.m., which is kind of conflicting with their indication that they plan to follow the required sound requirements.

2443
02:47:33,310 --> 02:47:36,150
And then they also ask for an extension to midnight.

2444
02:47:36,150 --> 02:47:43,330
So it's a little unclear, but staff believes the extension may have been for amplified music to go to 12 midnight.

2445
02:47:45,350 --> 02:47:54,350
However, measured from the approximate location of the music stage, there's many homes within a thousand feet.

2446
02:47:54,630 --> 02:48:04,810
The closest being 350, and then at one, and I'll go back to that picture there, 1677 is the closest on Sprague Loop.

2447
02:48:04,810 --> 02:48:10,950
and then the additional are about 450 feet away. The applicant did not provide

2448
02:48:10,950 --> 02:48:14,610
written consent from surrounding property owners. In addition, I'd like to

2449
02:48:14,610 --> 02:48:19,070
mention that there were comments received regarding the noise levels of this

2450
02:48:19,070 --> 02:48:23,470
event and then complaints have been received in the past for noise levels.

2451
02:48:26,910 --> 02:48:31,370
Based on this, the applicant is aware of the noise

2452
02:48:31,370 --> 02:48:37,790
complaints from years past. As I indicated, they plan to closely monitor those sound levels

2453
02:48:37,790 --> 02:48:43,010
and comply with the code. So I think we need a little clarification on their extension.

2454
02:48:43,350 --> 02:48:49,670
But based on the complaints, the comments, and their willingness to abide by the code

2455
02:48:49,670 --> 02:48:56,410
I put in our draft permit, our basic conditions, their conditions number 33 and 34, amplified

2456
02:48:56,410 --> 02:49:02,270
supplied music shall end at 10 p.m. and the late night music venue end at 12 midnight.

2457
02:49:04,230 --> 02:49:12,030
We also added in their sound levels. They are restricted to 70 decibels prior to 10 p.m.

2458
02:49:12,070 --> 02:49:16,830
and 50 decibels after 10 p.m. So that's also in there under one of those conditions.

2459
02:49:18,330 --> 02:49:22,950
Under health, sanitation, and safety, the organizer is required to have a plan for

2460
02:49:22,950 --> 02:49:27,030
medical sanitation, traffic control, security. I'm not going to go into great detail on this,

2461
02:49:27,250 --> 02:49:34,090
but the draft permit has all our standard conditions of approval in there regarding

2462
02:49:34,090 --> 02:49:41,790
insurance, sanitation, water, security, drugs, alcohol, fire. The Newbury event plans to

2463
02:49:41,790 --> 02:49:48,050
use adventure medics. We do require prior to the event a list of the names of those

2464
02:49:48,050 --> 02:49:53,570
folks that will be at the event trained in first aid and AED device for the

2465
02:49:53,570 --> 02:49:58,230
duration of the event that's condition number 18. Also along health and safety

2466
02:49:58,230 --> 02:50:01,310
as vendors will be required to be licensed by the county health department

2467
02:50:01,310 --> 02:50:05,010
on-site water supply shall be tested prior to the event in the fire

2468
02:50:05,010 --> 02:50:07,510
department shall inspect the site prior to the event.

2469
02:50:11,010 --> 02:50:12,550
The applicant is

2470
02:50:12,550 --> 02:50:18,270
requesting a waiver to the ambulance requirement on site this is the

2471
02:50:18,270 --> 02:50:26,370
ability of the board to waive a requirement. DCC 816-150, if the organizer is showing good

2472
02:50:26,370 --> 02:50:32,310
cause, you can waive a requirement. The applicant is providing adventure medics on site. There

2473
02:50:32,310 --> 02:50:36,630
is a letter in your packet from adventure medics. They're basically like a mini ambulance

2474
02:50:37,400 --> 02:50:43,750
type service. Tom Kuhn, the community health program manager for the county, reviewed

2475
02:50:43,750 --> 02:50:50,270
and signed off on this medical plan and also the Lapine Fire Chief complimented the performance

2476
02:50:50,270 --> 02:50:56,730
of adventure medics and they're not requiring additional medical services on site. I just

2477
02:50:56,730 --> 02:51:00,990
want to point out that the closest fire station is about six miles to the south on Burgess Road

2478
02:51:02,850 --> 02:51:06,830
and I think that's it. So that will be something you want to discuss and decide on

2479
02:51:06,830 --> 02:51:12,030
whether or not to waive the ambulance requirement for this event.

2480
02:51:12,030 --> 02:51:16,710
For the traffic plan and parking, there are four areas.

2481
02:51:17,210 --> 02:51:20,150
Three of them are off-site for parking.

2482
02:51:20,550 --> 02:51:26,590
The applicant plans to provide some shuttle service through Blazing Trail Tours.

2483
02:51:26,910 --> 02:51:31,010
There's going to be no parking signs on Bridge Drive.

2484
02:51:31,590 --> 02:51:33,710
There's going to be temporary signage and along other roads.

2485
02:51:33,810 --> 02:51:35,050
I don't want to go into detail here.

2486
02:51:36,750 --> 02:51:45,030
One of their proposals is to have parking on one side a sprake loop, and I'm going

2487
02:51:45,030 --> 02:51:48,750
to touch on that in a minute because that's an issue we want to discuss.

2488
02:51:50,970 --> 02:51:55,790
The road department and the senior transportation planner did make some recommendations.

2489
02:51:56,170 --> 02:51:59,930
They would like to see a revised traffic control plan showing at a minimum the placement

2490
02:51:59,930 --> 02:52:03,430
of traffic control staff and the signage in the road right of way.

2491
02:52:03,430 --> 02:52:10,290
They want us to possibly see a parking circulation plan to demonstrate how traffic will be promptly

2492
02:52:10,290 --> 02:52:15,650
moved off of spray-gloop hidden Glencourt and Bridge Drive to avoid queuing in those

2493
02:52:15,650 --> 02:52:15,970
streets.

2494
02:52:17,870 --> 02:52:25,870
Adequate space on site so there isn't queuing on the roadway is also a recommendation.

2495
02:52:26,710 --> 02:52:32,390
We have put in the permit, the general condition that traffic control personnel

2496
02:52:32,390 --> 02:52:37,710
shell, shell certification of training for that and list of personnel.

2497
02:52:38,530 --> 02:52:42,850
Back to the Sprague Loop one way or one sided parking.

2498
02:52:43,390 --> 02:52:49,010
The road department is discouraging parking within a county right of way.

2499
02:52:49,830 --> 02:52:56,750
This includes the parking on Sprague Loop and the draft permit does not include

2500
02:52:56,750 --> 02:53:03,270
parking prohibition or no parking signs at this time that this is going to be a

2501
02:53:03,270 --> 02:53:07,130
choice for the board prohibition of parking according to the road department

2502
02:53:08,570 --> 02:53:11,270
prohibition of parking within a county right away can only happen through a

2503
02:53:11,270 --> 02:53:15,630
board order or through a permit like this an outdoor mass gathering permit if

2504
02:53:15,630 --> 02:53:20,250
you add it as a condition of approval no parking in County Road right away and

2505
02:53:20,250 --> 02:53:24,990
I bring that forward to you because there have been concerns you have two

2506
02:53:24,990 --> 02:53:28,230
comments in your packet, I believe, and then we just got another one this week,

2507
02:53:28,670 --> 02:53:33,490
concerns about the traffic impacts, especially on Sprague Loop, and parking

2508
02:53:33,490 --> 02:53:38,830
on Sprague Loop on both sides, and then also Bridge Drive, there's concern

2509
02:53:38,830 --> 02:53:42,650
about that being only the ingress egress to that neighborhood for

2510
02:53:42,650 --> 02:53:46,730
emergency reasons, and there's some other things that people are concerned

2511
02:53:46,730 --> 02:53:52,270
about in decent activity, drugs, late night noise was another concern.

2512
02:53:52,270 --> 02:53:57,150
So overall, staff believes that this applicant has met or can meet through

2513
02:53:57,150 --> 02:54:02,150
conditions of approval for an outdoor mass-gathering permit. If you have any

2514
02:54:02,150 --> 02:54:06,970
questions on this particular one, that concludes my very quick presentation.

2515
02:54:07,390 --> 02:54:12,410
That's great. I can't speak quite as quickly as Nick and smoothly. I'm working

2516
02:54:12,410 --> 02:54:16,690
on it. I don't have questions. Do you have questions to staff?

2517
02:54:22,230 --> 02:54:25,310
What did you think about the complaint that there's only one access?

2518
02:54:26,370 --> 02:54:27,250
Is that significant?

2519
02:54:27,830 --> 02:54:30,410
Oh, the only Ingress egress on Bridge Drive?

2520
02:54:30,710 --> 02:54:31,050
Yeah.

2521
02:54:31,230 --> 02:54:33,450
I did talk to the county road department.

2522
02:54:33,690 --> 02:54:39,770
There was discussion several years ago about providing another emergency access to that neighborhood.

2523
02:54:39,770 --> 02:54:47,470
and I think it didn't materialize maybe for reasons of property owners not

2524
02:54:47,470 --> 02:54:50,370
willing to provide that I you know that would be a question for the road

2525
02:54:50,370 --> 02:54:55,770
department they've already left today so but I did inquire just to make sure

2526
02:54:55,770 --> 02:55:02,390
that that is indeed the only ingress, I don't have any comments of

2527
02:55:02,390 --> 02:55:03,010
that sort of teaser.

2528
02:55:04,570 --> 02:55:05,030
Okay.

2529
02:55:07,760 --> 02:55:08,100
Doug.

2530
02:55:08,700 --> 02:55:09,720
Yes, please.

2531
02:55:10,680 --> 02:55:10,920
Sure.

2532
02:55:11,360 --> 02:55:11,840
Please.

2533
02:55:12,140 --> 02:55:13,180
And then state your name for the record.

2534
02:55:13,940 --> 02:55:19,580
My name is Doug Watt, and I am one of the founders, along with my wife, Gloria Watt,

2535
02:55:19,740 --> 02:55:25,460
of the Newberry Event fundraiser to Defeat MS, and we're also the venue at Diamonds

2536
02:55:25,460 --> 02:55:26,420
Stone Guest Lodges.

2537
02:55:27,980 --> 02:55:30,160
And I'm happy to answer any questions.

2538
02:55:30,400 --> 02:55:31,980
I have a couple of comments I can make.

2539
02:55:31,980 --> 02:55:42,660
I did include in my addition here a letter from Quail Run Golf Course, and they also

2540
02:55:42,660 --> 02:55:43,560
are local.

2541
02:55:44,260 --> 02:55:46,640
They are within 250 feet.

2542
02:55:47,280 --> 02:55:52,320
The manager of that course lives within 250 feet of us as well.

2543
02:55:52,960 --> 02:56:00,180
And I can provide a number of other letters from our neighbors that will support this

2544
02:56:00,180 --> 02:56:01,520
if you feel you need them.

2545
02:56:01,520 --> 02:56:03,040
I can provide them to you.

2546
02:56:04,560 --> 02:56:10,080
As far as the ingress, egress situation is concerned, one of the concerns also for this

2547
02:56:10,080 --> 02:56:16,420
year was that we were concerned that they were going to be paving the portion of Huntington

2548
02:56:16,420 --> 02:56:17,960
that's down dirt down there.

2549
02:56:18,560 --> 02:56:24,080
And that has been confirmed by the road department, Cody the engineer who's spoken

2550
02:56:24,080 --> 02:56:29,100
with Knife River, that that's not going to be happening until August 14th or later.

2551
02:56:29,100 --> 02:56:35,420
So that is not a concern specifically for that north egress situation.

2552
02:56:36,020 --> 02:56:45,060
As far as specifically on Bridge Drive, we're pretty much the north end of that road.

2553
02:56:45,680 --> 02:56:49,400
And so we're pretty close to the egress location.

2554
02:56:50,060 --> 02:56:55,920
So if we were at the south end, I think that would be a much larger concern

2555
02:56:56,540 --> 02:56:59,920
bringing that many people to the south end of that subdivision.

2556
02:57:00,380 --> 02:57:02,740
But we're right at the north end pretty much.

2557
02:57:03,400 --> 02:57:08,680
There's already a golf course that brings in a considerable amount of traffic of its own.

2558
02:57:09,040 --> 02:57:11,860
But we will be controlling that traffic.

2559
02:57:12,400 --> 02:57:21,400
One of the concerns I have and one of the things I want to ask you in the process of getting the traffic people coordinated

2560
02:57:21,400 --> 02:57:30,560
is how I deal with where should I put them, specifically I'm not necessarily wanting to

2561
02:57:30,560 --> 02:57:33,740
put them in the roadway, and I don't think we really need to.

2562
02:57:34,300 --> 02:57:39,940
Signing should get people directly to us if we put the signs up right, correctly.

2563
02:57:40,500 --> 02:57:45,680
So I would think that we should be able to resolve that issue without, we have traffic

2564
02:57:45,680 --> 02:57:49,880
control people, but not having them in the actual roadway.

2565
02:57:49,880 --> 02:57:54,520
And then the other concern was getting people off of the,

2566
02:57:54,820 --> 02:57:57,400
in parking situation, getting them off of the road.

2567
02:57:57,700 --> 02:58:00,320
We're going to provide at least a 75-foot easement,

2568
02:58:00,320 --> 02:58:04,560
which is what's required to get people off of spray-gloop

2569
02:58:04,560 --> 02:58:07,400
in the process of getting them to parking.

2570
02:58:08,340 --> 02:58:10,940
So we should be able to control that situation.

2571
02:58:11,580 --> 02:58:14,400
Another item was parking on spray-gloop itself.

2572
02:58:14,540 --> 02:58:16,780
Now, we have done that the last four years on one side,

2573
02:58:17,040 --> 02:58:17,960
and we've controlled that.

2574
02:58:18,520 --> 02:58:21,920
But we do have more than enough parking not to do that.

2575
02:58:22,200 --> 02:58:27,600
In fact, parking lot C and D we've never even had to use before.

2576
02:58:28,000 --> 02:58:33,180
Now let me bring up one subject which is the amount of people that we're having at this thing.

2577
02:58:33,300 --> 02:58:35,900
Last year we had just that right about 500.

2578
02:58:36,580 --> 02:58:40,060
So I don't know that we're really going to get any more than that this year

2579
02:58:40,060 --> 02:58:41,980
and we don't necessarily need that much.

2580
02:58:41,980 --> 02:58:48,900
I just I felt like because we were a three-day event that we should probably just go for an OMG gathering and

2581
02:58:50,080 --> 02:58:53,740
I have to be honest. I'm not sure it was really worthy of having done

2582
02:58:53,740 --> 02:58:57,800
So I almost was ready to rescind it and go back to 500 and in fact

2583
02:58:57,800 --> 02:59:03,060
We're willing to do that if that would make a difference and it made if it was a concern to people because honestly

2584
02:59:03,060 --> 02:59:06,260
I'm just not sure how many more we're gonna get over that 500

2585
02:59:06,260 --> 02:59:10,460
We're willing to cap it as well because I think we're gonna meet all of our goals at that

2586
02:59:10,460 --> 02:59:14,440
So if that's a concern, I'm willing to consider that as well.

2587
02:59:15,640 --> 02:59:17,800
And I don't know that there's any – oh, insurance.

2588
02:59:18,520 --> 02:59:20,820
We already have insurance, underwriter approval,

2589
02:59:22,000 --> 02:59:30,800
and to the amount of more than the county requires for the liability insurance situation.

2590
02:59:32,240 --> 02:59:37,240
And so I'm not sure what else I need to – I have to say to have any questions.

2591
02:59:37,400 --> 02:59:38,880
I'm happy to answer them.

2592
02:59:39,300 --> 02:59:40,640
Do you have questions as well?

2593
02:59:42,480 --> 02:59:47,100
I would like to know if anybody else is here to speak on this subject, and then you all have a few questions.

2594
02:59:47,480 --> 02:59:53,300
No, we did have a gentleman, but I don't know which one, and it doesn't appear to be here.

2595
02:59:55,140 --> 02:59:55,760
That's hard to read.

2596
02:59:56,800 --> 02:59:58,940
Yeah, let's get the noise thing figured out.

2597
02:59:58,940 --> 02:59:59,720
You know, I'm surprised.

2598
03:00:00,000 --> 03:00:04,060
Yeah, oh, by the way, yeah, let's talk about that. First of all, that was a passing when

2599
03:00:04,060 --> 03:00:07,420
Mark had made to her, but I don't want it, we don't need to have it go past 10 o'clock

2600
03:00:07,420 --> 03:00:13,440
for amplified music, but we do would have acoustic music until midnight, but I think, I don't

2601
03:00:13,440 --> 03:00:16,500
think anybody's even gonna hear that, honestly.

2602
03:00:17,180 --> 03:00:21,660
Well, yeah, so just acknowledging, you know, as I say, after the event last year I spoke

2603
03:00:21,660 --> 03:00:26,160
to you, and I was like, whoa, you guys were going for it last year, and you said

2604
03:00:26,160 --> 03:00:28,980
that an officer was there and there didn't seem to be a problem, so I understand

2605
03:00:28,980 --> 03:00:34,500
that's the past. Let's move forward. In fact, we reported to the county a month before,

2606
03:00:34,860 --> 03:00:41,300
the week before, Dr. Sherriff, myself, the day before that. So we tried to address those

2607
03:00:41,300 --> 03:00:45,460
and we actually addressed that noise issue. We brought him our permit. He said, I don't

2608
03:00:45,460 --> 03:00:49,520
see any noise ordinance in here. Now, not might have had to do because it was a risk

2609
03:00:49,520 --> 03:00:53,860
evaluation decision versus an OMG permit originally.

2610
03:00:54,300 --> 03:00:56,920
You still should be bound by the 10 p.m., correct? That's a no.

2611
03:00:56,920 --> 03:00:58,240
Right, no, and I understand that.

2612
03:00:58,420 --> 03:01:01,620
Don't run, but I asked those questions last year,

2613
03:01:01,660 --> 03:01:03,820
but nobody actually gave me anything in writing

2614
03:01:03,820 --> 03:01:06,460
related to that, so I didn't know that until that time.

2615
03:01:06,560 --> 03:01:10,540
And we've got some input from neighbors, pretty upset,

2616
03:01:10,720 --> 03:01:12,040
because it was like two years in a row,

2617
03:01:12,140 --> 03:01:13,260
they're like, I can't believe it.

2618
03:01:13,480 --> 03:01:15,160
I rented the house and then this thing happened.

2619
03:01:15,580 --> 03:01:16,780
So I just want to support that.

2620
03:01:16,940 --> 03:01:19,360
10 o'clock is non-amplified unless you're asking

2621
03:01:19,360 --> 03:01:21,000
for different, we can discuss that.

2622
03:01:21,240 --> 03:01:25,440
But I think the expectations and your understanding

2623
03:01:25,440 --> 03:01:30,640
a lot more clear this year. Oh yeah, absolutely. In fact the OMG permit we're

2624
03:01:30,640 --> 03:01:35,140
meeting whether I had decided to pull that and go for the other permit would

2625
03:01:35,140 --> 03:01:38,820
not have changed anything we're doing with a professional security everything

2626
03:01:38,820 --> 03:01:44,560
we've meet every requirement of the OMG permit requirements. So I would I would

2627
03:01:44,560 --> 03:01:54,700
just say that I find myself challenged by you've had a bit of a pattern in

2628
03:01:54,700 --> 03:02:00,420
terms of the noise piece. And in the record it states that it was difficult to get individuals

2629
03:02:00,420 --> 03:02:07,480
on your own property to quiet down. And that, I believe, was by – I think the notation

2630
03:02:07,480 --> 03:02:13,260
was from your wife stating that there were men and they were more, you know, kind of

2631
03:02:13,260 --> 03:02:13,980
over an hour ago.

2632
03:02:13,980 --> 03:02:18,600
I wanted to have Gloria address that herself. Unfortunately, she's at the hospital for

2633
03:02:18,600 --> 03:02:24,020
a five-hour infusion of a new MS drug today, so she couldn't be here.

2634
03:02:24,020 --> 03:02:38,620
I believe that she took the statement of one person that complained, and then decided to, I think, be over concerned about the situation, frankly.

2635
03:02:38,800 --> 03:02:47,760
However, this year, that isn't going to happen anyway because there was amplified music going until much later, and that isn't going to happen at all.

2636
03:02:48,380 --> 03:02:54,500
So, and the professional security that we have this year will also be helping, and they'll

2637
03:02:54,500 --> 03:02:59,380
be on staff 24 hours a day, to make sure that those considerations will not occur again.

2638
03:02:59,740 --> 03:03:04,840
So, I will say that if they do happen again, I will not be inclined to approve your permit

2639
03:03:04,840 --> 03:03:05,640
in the future.

2640
03:03:06,360 --> 03:03:09,400
I have no problem with that, frankly, at all, none.

2641
03:03:10,040 --> 03:03:14,340
We see that as a, I want you to be successful, and this is a business matter in terms

2642
03:03:14,340 --> 03:03:18,980
of being able to do this and raise money for an excellent cause, but at the same time we

2643
03:03:18,980 --> 03:03:25,020
have to balance those needs between the neighbors and it is a privilege to have to be able to

2644
03:03:25,020 --> 03:03:31,960
do this type of activity and when it doesn't get in control to where we can meet those

2645
03:03:31,960 --> 03:03:38,940
compatibility challenges between neighbors then it tends to taint it for other organizations

2646
03:03:42,000 --> 03:03:47,920
So I want you to be successful and I am taking you at your word that you will be diligent

2647
03:03:47,920 --> 03:03:54,220
this year and understanding of the rules that are applied to your permit, and I'm hearing

2648
03:03:54,220 --> 03:03:59,160
you say that as well, but I just, as one, I want to be clear that if we find ourselves

2649
03:03:59,160 --> 03:04:03,180
next year in the same spot, I won't be quite as...

2650
03:04:04,180 --> 03:04:06,780
I believe that will certainly not happen.

2651
03:04:06,820 --> 03:04:07,660
I'm already...

2652
03:04:07,660 --> 03:04:08,280
Well, I hope it doesn't.

2653
03:04:08,280 --> 03:04:15,020
Well, no, even the quality of the situation is developed differently this year, so that

2654
03:04:16,020 --> 03:04:17,380
everybody understands it.

2655
03:04:17,900 --> 03:04:18,240
Great.

2656
03:04:18,580 --> 03:04:20,620
Well, and I have full confidence that you're going to get the question.

2657
03:04:20,620 --> 03:04:23,660
And one of the things is the security as well.

2658
03:04:24,260 --> 03:04:31,680
So having enough security staff on tap so that they can be distributed around to make

2659
03:04:31,680 --> 03:04:33,820
sure that none of those things happen.

2660
03:04:33,820 --> 03:04:43,700
And I think that the energy of what was of that situation last year is not going to be

2661
03:04:43,700 --> 03:04:44,380
there this year.

2662
03:04:44,540 --> 03:04:47,540
There's a different quality of music this year as well.

2663
03:04:49,260 --> 03:04:51,480
These applications are new to me.

2664
03:04:51,620 --> 03:04:55,200
We did another one earlier this year, the Ibra Festival is going to be this weekend

2665
03:04:55,200 --> 03:04:57,800
or outdoor mass gathering.

2666
03:04:58,060 --> 03:05:02,200
And so as we got closer to that one, we had complaints from some of the neighbors,

2667
03:05:02,200 --> 03:05:06,620
etc. that felt like they hadn't been heard during the hearing process is my

2668
03:05:06,620 --> 03:05:09,880
thought would be is we see some letters in here and I don't know your

2669
03:05:09,880 --> 03:05:15,040
relationship with any of these letter the letter writers but hopefully you've tried

2670
03:05:15,040 --> 03:05:18,460
to talk to them their concerns and met with them and I've already talked on

2671
03:05:18,460 --> 03:05:22,320
the phone to all of them that's a big thing I think in terms of being a good

2672
03:05:22,320 --> 03:05:29,600
neighbor and it sounds like it's a worthwhile benefit and cause and but

2673
03:05:29,600 --> 03:05:35,260
I agree with kind of what Commissioner Baney and Commissioner DeBone are saying about keeping

2674
03:05:35,260 --> 03:05:38,480
it within the confines of what you're supposed to do.

2675
03:05:38,780 --> 03:05:45,920
I should say too that we did also send prior to this two weeks ago a letter to every single

2676
03:05:45,920 --> 03:05:51,380
person within a third of a mile of our property and told them what we were doing so they

2677
03:05:51,380 --> 03:05:52,200
are completely aware.

2678
03:05:52,440 --> 03:05:58,380
So not just 250 feet, which is what the county sent the letter for, but we sent

2679
03:05:58,380 --> 03:06:10,120
is everybody within a third of a mile. That's 1,250 to 1,300 feet or so. So there was way

2680
03:06:10,120 --> 03:06:15,900
a great opportunity for anybody who really wanted to be here to complain to be here.

2681
03:06:16,600 --> 03:06:22,120
And if you do want them, I can definitely provide you with other letters from immediate

2682
03:06:22,120 --> 03:06:28,560
neighbors that are supportive of what we do. But I will respect everything you

2683
03:06:28,560 --> 03:06:30,500
guys are saying about the noise ordinance, believe me. We're just getting

2684
03:06:30,500 --> 03:06:33,580
out of the facts of the application and making sure it fits. Oh, believe me. I

2685
03:06:33,580 --> 03:06:37,380
totally understand. Well, and I think of, you know, going through this process is

2686
03:06:37,380 --> 03:06:40,820
taking the whole event to another level. You know, documenting all this, figuring

2687
03:06:40,820 --> 03:06:44,460
out the requirements. I know you've done some of this in the past, but this

2688
03:06:44,460 --> 03:06:49,060
is that next level. So as you started off saying, you might not have gone

2689
03:06:49,060 --> 03:06:50,600
on this way is seeing where it's at.

2690
03:06:51,040 --> 03:06:54,840
Well, I only mean that for the standpoint of all the stuff we have to do for it is not

2691
03:06:54,840 --> 03:06:55,320
a problem.

2692
03:06:56,160 --> 03:07:00,400
We're not even sure that we wanted to go over 500 to begin with, anyway.

2693
03:07:00,620 --> 03:07:01,180
Well, no, this year.

2694
03:07:01,360 --> 03:07:01,500
Well, no.

2695
03:07:01,500 --> 03:07:02,220
And yeah, we'll see.

2696
03:07:02,340 --> 03:07:02,900
We'll find out.

2697
03:07:03,020 --> 03:07:04,940
We may cap it at six, even.

2698
03:07:05,340 --> 03:07:10,400
That's kind of where we actually personally want to sort of keep it, but 750, we just

2699
03:07:10,400 --> 03:07:14,600
wanted to make sure we were, if we got the response, we could accommodate it.

2700
03:07:14,600 --> 03:07:17,020
Your success is going to be predicated on the management

2701
03:07:17,020 --> 03:07:19,320
of how you can manage the event, too.

2702
03:07:19,620 --> 03:07:21,520
So we'll leave that to you.

2703
03:07:21,780 --> 03:07:22,160
Yes, please.

2704
03:07:22,320 --> 03:07:22,580
So parking?

2705
03:07:23,440 --> 03:07:25,360
I know it's kind of a standard to park

2706
03:07:25,360 --> 03:07:29,120
on one side of the roads out there when there's people

2707
03:07:29,120 --> 03:07:29,580
around.

2708
03:07:31,460 --> 03:07:34,260
Is there a way to kind of limit it past your properties?

2709
03:07:34,660 --> 03:07:34,840
Yeah.

2710
03:07:35,360 --> 03:07:38,480
Well, here's, OK, so that's a good question.

2711
03:07:38,740 --> 03:07:41,740
And I don't know how to be advised on that.

2712
03:07:41,800 --> 03:07:43,800
Because, again, part of it is we

2713
03:07:43,800 --> 03:07:48,600
We don't want to have a bunch of our staff always constantly in the roadway, or themselves,

2714
03:07:48,840 --> 03:07:53,040
but how do we make sure people don't park down there?

2715
03:07:53,260 --> 03:08:00,140
You'd have to have a person there literally 24 hours a day to keep them from parking on

2716
03:08:00,140 --> 03:08:00,440
the road.

2717
03:08:00,620 --> 03:08:03,480
And they may not even be people who have anything to do with us.

2718
03:08:03,660 --> 03:08:04,300
Just as rodeo.

2719
03:08:04,360 --> 03:08:05,880
They put up signs all the way.

2720
03:08:06,040 --> 03:08:07,100
Well, I don't have a problem with that.

2721
03:08:07,200 --> 03:08:08,100
I think that's the only way.

2722
03:08:08,200 --> 03:08:10,520
That's the way to go, is to put up no parking signs.

2723
03:08:11,260 --> 03:08:18,280
The other, you know, in construction job sites, we put up, you know, ropes, you know...

2724
03:08:18,280 --> 03:08:21,480
Sure. And that's a consideration as well. Like...

2725
03:08:21,480 --> 03:08:24,000
It's not hard to park where you're not right in the middle of the road, so...

2726
03:08:24,000 --> 03:08:27,200
Right. Well, I think that that's not a bad idea necessarily.

2727
03:08:27,620 --> 03:08:31,100
We took a look at taking a rope of some kind.

2728
03:08:31,840 --> 03:08:33,820
I've got a few hundred metal stakes, if you can.

2729
03:08:34,920 --> 03:08:36,540
If I had to go quite a ways.

2730
03:08:38,200 --> 03:08:43,920
So then the problem is you got to actually put that restriction out in the roadway.

2731
03:08:44,860 --> 03:08:46,720
Is this a county road?

2732
03:08:47,360 --> 03:08:48,260
It is a county road.

2733
03:08:49,060 --> 03:08:54,640
Are we on a timeline here of we have to make a decision today?

2734
03:08:54,900 --> 03:09:00,200
No, but because their event is almost 30 days away.

2735
03:09:00,200 --> 03:09:04,500
And I can't advertise, which I'm not doing yet, until I get an approval.

2736
03:09:04,500 --> 03:09:08,780
What has me concerned is the traffic management and parking plan.

2737
03:09:09,200 --> 03:09:13,060
Can you help give me some pot or some?

2738
03:09:13,320 --> 03:09:16,900
Well, what we've done in the past with four peaks, especially, because that's the one

2739
03:09:16,900 --> 03:09:22,280
we've seen the most, is it's pretty standard for the standard condition that the road

2740
03:09:22,280 --> 03:09:25,460
department wants to see something at least 30 days prior to there.

2741
03:09:25,900 --> 03:09:29,520
And so they'll review and if there's issues, they'll talk about it with the organizer.

2742
03:09:30,140 --> 03:09:31,320
So that's what I've got in here.

2743
03:09:31,320 --> 03:09:34,260
or the only thing I changed was because it's almost 30 days,

2744
03:09:34,980 --> 03:09:37,240
I gave them a little bit of benefit here

2745
03:09:37,240 --> 03:09:38,820
and made it 20 days.

2746
03:09:39,180 --> 03:09:40,720
And I meant to mention that earlier.

2747
03:09:41,020 --> 03:09:44,520
So 20 days prior, if they could get some kind of workout

2748
03:09:44,520 --> 03:09:47,680
with the road department and the transportation engineer,

2749
03:09:47,860 --> 03:09:51,060
what's a good plan?

2750
03:09:51,320 --> 03:09:54,580
You may need to have flaggers or individuals

2751
03:09:55,160 --> 03:09:57,000
through your entirety of the event.

2752
03:09:58,100 --> 03:10:00,800
Also, the other piece is we can't

2753
03:10:00,800 --> 03:10:05,140
allow you putting signs or signage up on a county road without approval as well.

2754
03:10:05,400 --> 03:10:10,440
So that conversation with the road department is going to be critical to, and I would almost

2755
03:10:10,440 --> 03:10:15,200
say that it's contingent upon their approval of a plan.

2756
03:10:15,380 --> 03:10:20,000
So it will require you in short order to meet with them and discuss what that looks

2757
03:10:20,000 --> 03:10:20,300
like.

2758
03:10:20,420 --> 03:10:27,040
And if they require flagging or whatever the requirement might be, they're going

2759
03:10:27,040 --> 03:10:32,580
going to base it on that cap number of 750 because that's what your request is.

2760
03:10:32,760 --> 03:10:32,960
Okay.

2761
03:10:33,420 --> 03:10:35,700
So you'll want to work all of that out.

2762
03:10:37,500 --> 03:10:37,980
Yeah.

2763
03:10:38,680 --> 03:10:39,060
Am I?

2764
03:10:39,480 --> 03:10:43,660
Yeah, and it seems to work pretty well, just on past experience, especially the four peaks.

2765
03:10:43,880 --> 03:10:45,580
They did an exceptional job this year.

2766
03:10:45,980 --> 03:10:50,240
They actually hired somebody, a traffic control kind of engineer person.

2767
03:10:50,660 --> 03:10:53,360
So not that I'm saying you have to do that, but.

2768
03:10:53,360 --> 03:10:57,620
But the person who is helping us with traffic does it for the athletic club of Bend.

2769
03:10:57,980 --> 03:10:58,240
Right.

2770
03:10:58,660 --> 03:11:06,280
So I think when you have a plan, you know, if you've met with them previously, the road

2771
03:11:06,280 --> 03:11:10,740
department, send it to me and then your final plan, and then I disperse it to you or distribute

2772
03:11:10,740 --> 03:11:13,640
it to you, the appropriate road department.

2773
03:11:13,920 --> 03:11:14,140
Right.

2774
03:11:14,320 --> 03:11:17,620
Now, one of the things I wanted to say is that the Hidden Glen Court is one of

2775
03:11:17,620 --> 03:11:19,460
the parking areas.

2776
03:11:19,460 --> 03:11:28,380
Now, there's only a property, the only property that enters onto that roadway is when I own.

2777
03:11:29,040 --> 03:11:32,180
It's a vacation rental, otherwise it's a little cul-de-sac.

2778
03:11:32,460 --> 03:11:34,460
So here's what we would like you to do.

2779
03:11:34,920 --> 03:11:41,480
We won't be able to know whether that makes sense or not, or flow works well or doesn't.

2780
03:11:41,640 --> 03:11:47,760
So I think what would make the most sense is if you were to be able to take the individual that you are working with,

2781
03:11:47,760 --> 03:11:51,540
have them meet with you in the road department, you get that information back to Cynthia.

2782
03:11:51,940 --> 03:11:58,580
She gives it a good blessing, and I think that's – we're accustomed to these requests

2783
03:11:58,580 --> 03:12:02,800
at the road department, and so they'll be ready to have that conversation.

2784
03:12:03,020 --> 03:12:07,320
And then for us, it's a condition of approval should we go forward with an approval.

2785
03:12:08,980 --> 03:12:13,600
And if you meet that, she'll know, and if you don't meet that, she'll know.

2786
03:12:14,540 --> 03:12:15,820
And that's how it works.

2787
03:12:15,820 --> 03:12:22,180
Just just trying to make sure I understand exactly what level of detail somebody wants right and I think do I need to

2788
03:12:22,720 --> 03:12:30,080
Actually, I mean, you know, how many cars do I need to show traffic or parking for we can discuss that later

2789
03:12:30,080 --> 03:12:34,880
And I can give you an example from another festival, but I think working with the road department

2790
03:12:34,880 --> 03:12:39,000
And another setting would would work. All right, great

2791
03:12:39,920 --> 03:12:45,440
My question is, would you add on the, as a condition, prohibition of parking on the

2792
03:12:45,440 --> 03:12:45,840
right-of-way?

2793
03:12:47,040 --> 03:12:51,240
Or do you want to leave it as that was one of the parking issues?

2794
03:12:51,500 --> 03:12:54,620
Well, we've had that on other applications.

2795
03:13:03,210 --> 03:13:08,670
I haven't seen a congestion problem, I have seen parking on the side of the road,

2796
03:13:08,670 --> 03:13:13,630
But it's not as acute as, you know, one of the neighbors that are probably kind of on

2797
03:13:13,630 --> 03:13:15,010
that edge of a spraig loop with you.

2798
03:13:15,070 --> 03:13:16,970
I should also mention that it is a loop.

2799
03:13:17,570 --> 03:13:17,810
Yeah.

2800
03:13:18,230 --> 03:13:24,350
So, I mean, there is another entrance to a spraig loop besides the entrance to the

2801
03:13:24,350 --> 03:13:24,670
Marriott.

2802
03:13:24,670 --> 03:13:26,130
Do we need to specify?

2803
03:13:26,610 --> 03:13:30,330
No, I was just curious if you wanted to, just because there has been comments about

2804
03:13:30,330 --> 03:13:34,770
it being a bottleneck right there and people who live on that loop not able to get

2805
03:13:34,770 --> 03:13:38,450
through to their property, which is like right next door, you know, or something

2806
03:13:38,450 --> 03:13:45,050
like that. So that were the case, then you couldn't get a fire truck or an

2807
03:13:45,050 --> 03:13:50,070
ambulance or something. So the road department, it seems that if that were

2808
03:13:50,070 --> 03:13:58,130
a point that we wanted to verify that there is the ability for emergency

2809
03:13:58,130 --> 03:14:03,550
personnel and equipment to get through, which is what they're also looking for.

2810
03:14:04,510 --> 03:14:12,730
than you would essentially be in violation if we were to allow that and someone were to have a photograph of it not being able to meet that.

2811
03:14:12,930 --> 03:14:14,270
I understand that.

2812
03:14:14,850 --> 03:14:20,530
So I'll be just keeping a standard condition and see what the transportation traffic plan.

2813
03:14:22,170 --> 03:14:22,450
Okay.

2814
03:14:23,390 --> 03:14:25,090
Yeah, it hasn't been an acute problem.

2815
03:14:25,470 --> 03:14:30,030
As I say, maybe there's a neighbor that has seen it differently, but I've been by during the festival.

2816
03:14:30,530 --> 03:14:30,830
Okay.

2817
03:14:31,890 --> 03:14:31,910
Okay.

2818
03:14:33,070 --> 03:14:39,770
Okay, so the request, there was an extension of hours or no?

2819
03:14:40,190 --> 03:14:40,430
No.

2820
03:14:40,690 --> 03:14:40,910
Okay.

2821
03:14:41,070 --> 03:14:41,430
I don't need that.

2822
03:14:41,890 --> 03:14:47,090
I just said that we will probably have acoustic music, but it's not going to be loud at all.

2823
03:14:47,270 --> 03:14:49,290
You wouldn't even hear it probably on the side of the ground.

2824
03:14:49,330 --> 03:14:51,310
Amplified at 10 o'clock cutoff is...

2825
03:14:51,310 --> 03:14:51,490
Right.

2826
03:14:51,810 --> 03:14:52,390
10 is fine.

2827
03:14:52,750 --> 03:14:53,730
I don't have a problem with that at all.

2828
03:14:54,310 --> 03:14:55,750
That was already our plan anyway.

2829
03:14:59,510 --> 03:14:59,970
That's...

2830
03:15:00,000 --> 03:15:06,480
Information in the record by both, especially lapine fire and rescue, certainly, and with what

2831
03:15:06,480 --> 03:15:14,420
you've put on in it to replace that, I think, is plenty. So any concerns there of that waiver?

2832
03:15:14,960 --> 03:15:20,400
Okay. And then we have the parking piece. So your approval is conditioned upon that. And

2833
03:15:20,400 --> 03:15:22,000
so we'll look forward to hearing how that works.

2834
03:15:22,000 --> 03:15:23,700
I'll get with Cynthia right after.

2835
03:15:24,340 --> 03:15:25,440
So what else?

2836
03:15:26,160 --> 03:15:27,320
I think those were the issues.

2837
03:15:27,480 --> 03:15:28,000
Did we hit the high notes? Okay.

2838
03:15:28,000 --> 03:15:31,940
The waiver, the sound, and the traffic were the big issues.

2839
03:15:33,900 --> 03:15:39,040
So I think my draft permit is pretty much touches all that.

2840
03:15:39,240 --> 03:15:39,460
Okay.

2841
03:15:39,500 --> 03:15:39,980
Excellent.

2842
03:15:40,380 --> 03:15:44,860
So I would go – do we have anyone who wants to testify?

2843
03:15:45,260 --> 03:15:45,620
Okay.

2844
03:15:45,960 --> 03:15:47,440
Let's go ahead and close the hearing.

2845
03:15:48,080 --> 03:15:53,420
And I would welcome a motion with the conditions that have been outlined.

2846
03:15:53,420 --> 03:15:59,480
I'll move Board Signature of Document Number 2017-337.

2847
03:15:59,880 --> 03:16:00,180
Okay.

2848
03:16:00,520 --> 03:16:01,180
I'll second that.

2849
03:16:01,360 --> 03:16:01,600
Okay.

2850
03:16:02,000 --> 03:16:02,620
Further discussion?

2851
03:16:03,200 --> 03:16:03,680
Commissioner Devone?

2852
03:16:03,840 --> 03:16:04,000
Yes.

2853
03:16:04,140 --> 03:16:04,540
Commissioner Henderson?

2854
03:16:04,880 --> 03:16:04,980
Yes.

2855
03:16:05,160 --> 03:16:05,740
Chair votes yes.

2856
03:16:05,980 --> 03:16:06,400
Thank you.

2857
03:16:06,620 --> 03:16:07,440
Thank you very much.

2858
03:16:07,660 --> 03:16:08,000
Thank you.

2859
03:16:08,060 --> 03:16:08,300
Yeah.

2860
03:16:08,420 --> 03:16:09,900
Thank you for being able to answer our questions.

2861
03:16:10,020 --> 03:16:12,380
So next we will open the public hearing.

2862
03:16:14,640 --> 03:16:17,320
Same format that was noted in the last public hearing.

2863
03:16:17,540 --> 03:16:21,120
Consideration of Signature of Document 2017-338.

2864
03:16:21,120 --> 03:16:28,180
and outdoor mass gathering for Oregon Adaptive Sports, big stuff. Cynthia, good to see you again.

2865
03:16:28,720 --> 03:16:35,360
It's been so long. Okay, I'm going to just try to run through this because I know you have a meeting that started a minute ago.

2866
03:16:36,560 --> 03:16:51,100
So in this case, Big Stock, Oregon Adaptive Sports, their Big Stock 2017 this year is proposed right there, August 12th,

2867
03:16:51,100 --> 03:16:55,380
August 11th, the 13th to plan for set up and take down.

2868
03:16:57,300 --> 03:17:01,400
Oregon Adaptive Sports has been holding an annual music festival for at least seven years

2869
03:17:01,400 --> 03:17:05,300
at a property within the city limits, and this is their first year outside the city

2870
03:17:05,300 --> 03:17:10,340
limits and into the outdoor mass gathering venue.

2871
03:17:12,180 --> 03:17:16,460
The address is 63030 Cole Road.

2872
03:17:16,460 --> 03:17:22,060
It is just east of the intersection. It shoots Market Road and Butler Market Road

2873
03:17:22,060 --> 03:17:26,540
areas surrounded primarily by urban and rural residential uses and some farm

2874
03:17:26,540 --> 03:17:30,340
uses. You'll see there's a mix of sizes of properties in this area.

2875
03:17:32,640 --> 03:17:39,060
They are also anticipating an attendance of 750 people and that

2876
03:17:39,060 --> 03:17:45,240
includes everybody. They've got it pretty simple here. They are within

2877
03:17:45,240 --> 03:17:47,340
than 300 feet of a residence.

2878
03:17:47,620 --> 03:17:50,280
However, they are planning on ending their festival

2879
03:17:50,280 --> 03:17:53,340
at 10 p.m., stopping the amplified music.

2880
03:17:54,600 --> 03:17:58,320
I believe they are in agreement with not exceeding

2881
03:17:58,320 --> 03:18:01,920
the 70 decibels prior to 10 and 50 decibels after 10.

2882
03:18:02,440 --> 03:18:04,520
Looks like most people will be exiting

2883
03:18:04,520 --> 03:18:07,900
and off the site by 11 p.m. that day, that night.

2884
03:18:08,820 --> 03:18:11,360
We've got all our standard conditions in there,

2885
03:18:11,360 --> 03:18:14,980
including insurance, sanitation, water security, alcohol.

2886
03:18:15,800 --> 03:18:22,120
One thing I do want to mention in my staff report, I indicated the fire department, they

2887
03:18:22,120 --> 03:18:25,280
hadn't commented, and these are their standard conditions.

2888
03:18:25,720 --> 03:18:30,260
I did get word after my staff report was issued that they're okay with those standard

2889
03:18:30,260 --> 03:18:30,740
conditions.

2890
03:18:31,020 --> 03:18:36,900
So those standard conditions from the fire department are in the draft permit.

2891
03:18:36,900 --> 03:18:40,520
I can't remember the condition numbers.

2892
03:18:41,980 --> 03:18:53,920
I think, let's see here, the only real issue I think here is their waiver to the ambulance on site.

2893
03:18:54,420 --> 03:19:02,580
Big stock and Oregon Adaptive Sports plans on having the National Ski Patrol on the property as part of their medical plan.

2894
03:19:05,000 --> 03:19:09,960
The Hanby fire station is about two miles away, St. Charles Hospital is 1.5 miles away.

2895
03:19:10,680 --> 03:19:16,780
The fire department has signed off on this. However, the county's community health program manager Tom Coon reviewed the plan.

2896
03:19:17,200 --> 03:19:22,660
However, he was reluctant to sign off on it by the strict reading of the code.

2897
03:19:23,300 --> 03:19:28,160
The way it reads, he didn't feel he could sign off on this.

2898
03:19:28,160 --> 03:19:32,320
However, he understands that you have the ability to waive that requirement if you feel it's

2899
03:19:33,240 --> 03:19:36,600
the organizer has shown good cause.

2900
03:19:37,520 --> 03:19:38,540
I had a question.

2901
03:19:38,900 --> 03:19:41,980
So why wasn't Autumn...

2902
03:19:41,980 --> 03:19:44,520
I mean, we've done two others this year where it was waived.

2903
03:19:44,760 --> 03:19:47,660
He didn't look at the other two or what was the difference?

2904
03:19:47,960 --> 03:19:49,380
No, I think he's had a...

2905
03:19:49,380 --> 03:19:51,420
Well, they're maybe in a change of staff.

2906
03:19:51,480 --> 03:19:52,580
Is Tom fairly new?

2907
03:19:52,980 --> 03:19:53,080
No?

2908
03:19:53,220 --> 03:19:56,140
Okay, so I think he's reading the code a little more closely

2909
03:19:56,140 --> 03:19:59,280
and looking at these outdoor mass gatherings with a different eye.

2910
03:20:00,020 --> 03:20:02,220
Probably a lawyer talked to him about something.

2911
03:20:02,640 --> 03:20:07,500
The one that we just approved had an on-site,

2912
03:20:09,820 --> 03:20:11,340
they were adventure medics, they're much

2913
03:20:12,580 --> 03:20:16,060
certified, and national skew patrol is probably

2914
03:20:16,060 --> 03:20:19,640
at a lower step. And that could be his hesitation

2915
03:20:20,600 --> 03:20:23,960
for that. And I know he discussed this

2916
03:20:23,960 --> 03:20:33,400
with legal counsel David Doyle, and so that's one thing that we'll

2917
03:20:33,400 --> 03:20:34,320
counsel felt.

2918
03:20:35,160 --> 03:20:38,520
Legal counsel, I wish David, I don't know if Adam remembers this discussion.

2919
03:20:38,680 --> 03:20:40,080
We talked about it at the work session.

2920
03:20:41,480 --> 03:20:43,960
Do you remember the David said?

2921
03:20:45,700 --> 03:20:47,540
We had a meeting several weeks ago.

2922
03:20:47,780 --> 03:20:50,200
I think they reviewed the code provision,

2923
03:20:50,200 --> 03:21:00,080
and certainly didn't feel, the final decision isn't necessarily theirs, they're just reviewing

2924
03:21:00,080 --> 03:21:03,360
and commenting on one aspect of the application.

2925
03:21:04,240 --> 03:21:08,400
The final decision, of course, the county commissioners because it's only the commissioners

2926
03:21:08,400 --> 03:21:10,080
that can waive the ambulance requirement.

2927
03:21:10,780 --> 03:21:16,000
I think the code language is pretty clear, the burden is on the applicant to provide

2928
03:21:16,840 --> 03:21:18,260
justification for that waiver.

2929
03:21:19,080 --> 03:21:23,000
there's further criteria in the code. I'm happy to go through that criteria if necessary,

2930
03:21:23,000 --> 03:21:28,400
but their position when initially receiving the application is this is not a decision

2931
03:21:28,400 --> 03:21:31,980
for us to make. This is something that needs to be presented to the commissioners and

2932
03:21:31,980 --> 03:21:33,940
as part of their waiver authority. Okay.

2933
03:21:35,990 --> 03:21:38,470
We'll let you muddle over that. I'll just

2934
03:21:38,470 --> 03:21:43,210
touch up on the traffic and parking. They seem to have a pretty good parking plan.

2935
03:21:43,850 --> 03:21:47,910
The road department and senior transportation planner requested for additional signage.

2936
03:21:47,910 --> 03:21:53,510
that is written in the draft permit and also providing adequate space on site

2937
03:21:53,510 --> 03:21:57,730
before the first parking space, looking at their parking plan, which I think I've

2938
03:21:57,730 --> 03:22:02,210
got right there. They've got plenty of space. I don't know if you can see my

2939
03:22:02,210 --> 03:22:05,490
they come all the way down this road and then the entrance into the parking

2940
03:22:05,490 --> 03:22:09,570
is here. I think that's more than 75 feet, but we put that in the

2941
03:22:09,570 --> 03:22:10,890
condition anyway.

2942
03:22:14,210 --> 03:22:17,270
And a lot of the standard conditions there. So we did

2943
03:22:17,270 --> 03:22:21,990
not receive a formal comment. I did get an inquiry, a little bit of concern about

2944
03:22:22,450 --> 03:22:27,290
Cole Road being an only in and out. However, maybe with the signage and being

2945
03:22:27,290 --> 03:22:31,570
a low-use road, it might be fine. This gentleman did not submit a comment

2946
03:22:32,690 --> 03:22:33,130
formally.

2947
03:22:35,490 --> 03:22:40,090
So overall, I think the staff believes that the applicant has met or

2948
03:22:40,090 --> 03:22:45,410
can meet the criteria for an outdoor mass gathering. For some reason, the

2949
03:22:45,410 --> 03:22:51,930
maps didn't really come out. Yeah, I know. It was a quick to tell what they say. There's

2950
03:22:51,930 --> 03:23:00,230
the application actually has those same maps. So it's earlier in your packet. Okay. So I

2951
03:23:00,230 --> 03:23:00,870
should join us please.

2952
03:23:05,320 --> 03:23:06,300
Good to see you.

2953
03:23:14,990 --> 03:23:18,570
Do I have to push one? No, it's on. Okay. Hi.

2954
03:23:19,230 --> 03:23:23,630
Suzanne Lafke. I'm the executive director of Oregon Adaptive Sports. Thank you for

2955
03:23:23,630 --> 03:23:30,690
your time today. I also have with me Kelly Bronner who is one of our board members and

2956
03:23:30,690 --> 03:23:36,610
is the head of our big stock committee. And Leanne Scholes who is my facilities manager

2957
03:23:37,070 --> 03:23:42,850
for the event. I don't know if you're familiar with our adaptive sports. We were founded

2958
03:23:42,850 --> 03:23:48,170
in Bend. We're a 20-year-old organization. Very embedded in the central Oregon community.

2959
03:23:48,170 --> 03:23:49,550
We have an excellent reputation.

2960
03:23:50,430 --> 03:23:57,530
We do adaptive sports activities, so we support individuals with disabilities to engage in

2961
03:23:57,530 --> 03:23:57,990
the outdoors.

2962
03:23:58,350 --> 03:23:58,710
We ski.

2963
03:23:58,990 --> 03:23:59,270
We golf.

2964
03:23:59,450 --> 03:23:59,730
We kayak.

2965
03:23:59,930 --> 03:24:02,090
We do all kinds of really fun stuff.

2966
03:24:03,450 --> 03:24:08,190
I do want to first acknowledge Cynthia that she was incredibly helpful with us.

2967
03:24:08,290 --> 03:24:11,950
This is the first time we've had to go through this process, although big stock, this

2968
03:24:11,950 --> 03:24:12,790
will be our eighth year.

2969
03:24:12,890 --> 03:24:15,690
We've never been in the county, and it was quite intimidating.

2970
03:24:15,690 --> 03:24:17,250
We have a very small staff.

2971
03:24:18,430 --> 03:24:19,850
We don't have a lot of...

2972
03:24:19,850 --> 03:24:21,670
It's very hard for us to get this kind of stuff done.

2973
03:24:21,810 --> 03:24:23,270
So Cynthia was incredibly helpful,

2974
03:24:23,270 --> 03:24:25,930
and I want to thank her for helping us with that.

2975
03:24:26,870 --> 03:24:28,750
I am here to address any of your questions.

2976
03:24:28,970 --> 03:24:30,530
Big Stock is this incredible event.

2977
03:24:30,870 --> 03:24:32,130
We have a great reputation.

2978
03:24:32,570 --> 03:24:34,190
We've managed it well.

2979
03:24:34,470 --> 03:24:35,990
This, again, is the eighth year.

2980
03:24:36,490 --> 03:24:38,190
We've never had any issues.

2981
03:24:40,010 --> 03:24:42,210
It's very well received in our community.

2982
03:24:42,210 --> 03:24:49,530
We are requesting the ambulance waiver because our proximity to St. Charles.

2983
03:24:50,270 --> 03:25:00,650
Secondly, this is an event where the medical community, we've never been at a shortage of doctors and healthcare providers in the audience.

2984
03:25:01,210 --> 03:25:07,130
We actually started providing our own first aid crew starting three years ago.

2985
03:25:07,130 --> 03:25:14,930
We had a doctor and a PA that were on call at the site and they bring a defibrillator.

2986
03:25:15,090 --> 03:25:17,670
I mean, they bring all types of equipment with them.

2987
03:25:18,270 --> 03:25:23,850
They work for Desert Orthopedics, which has been a sponsor of ours since we started.

2988
03:25:24,850 --> 03:25:26,630
So we believe we have neurosurgeons.

2989
03:25:26,870 --> 03:25:31,510
I mean, we have an incredible house of doctors that evening.

2990
03:25:31,510 --> 03:25:38,550
We also, I would like to ask the National Ski Patrol to have a volunteer first aid tip

2991
03:25:38,550 --> 03:25:43,310
because we work closely with them at Mount Bachelor and they're good friends of ours

2992
03:25:43,310 --> 03:25:45,530
and I know they would be honored to be able to do that.

2993
03:25:46,150 --> 03:25:52,710
I know that they are able to at least provide initial response of first aid

2994
03:25:52,710 --> 03:25:55,430
along with the doctors that we believe will in the house

2995
03:25:55,430 --> 03:25:57,170
and we will also provide additional equipment.

2996
03:25:57,870 --> 03:26:00,750
Obviously as a non-profit, we are a very small non-profit.

2997
03:26:01,270 --> 03:26:08,090
This event is incredibly important to us and every dollar we raise is precious to us.

2998
03:26:08,490 --> 03:26:15,990
We have already incurred extremely high costs just associated with the event because prior to this,

2999
03:26:16,250 --> 03:26:21,810
we had the event at a personal residence and so literally our venue costs were zero

3000
03:26:22,830 --> 03:26:29,410
And we are really trying to keep our costs down on the event.

3001
03:26:30,230 --> 03:26:39,710
And we did, and I don't know if it's possible this year, but in my application I also made a request on the fees associated with it, with even applying for the permit.

3002
03:26:40,070 --> 03:26:45,550
And I realize Cynthia has gone through a lot of work, so I understand the fees.

3003
03:26:45,550 --> 03:26:56,630
I just, perhaps in future years, if we go through this, maybe there's a way we can do a little more of the work and try to reduce our costs on that.

3004
03:26:58,510 --> 03:26:59,990
Do you have any questions?

3005
03:27:02,550 --> 03:27:03,090
Do we have questions?

3006
03:27:04,190 --> 03:27:08,830
Well, thanks for the presentation. Thanks for going through the work and dealing with the county.

3007
03:27:08,830 --> 03:27:13,710
me and it sounds great that Cynthia has done such a great job with you and I think she

3008
03:27:13,710 --> 03:27:18,170
did on the other one apparently, so I don't really have any specific questions.

3009
03:27:19,350 --> 03:27:23,670
Once the application gets complete, it will be the template for the future, so we'll

3010
03:27:24,210 --> 03:27:24,850
see where we go.

3011
03:27:24,870 --> 03:27:27,530
Yes, and we're hoping so, especially for the venue.

3012
03:27:28,350 --> 03:27:30,730
You heard a little bit of the dialogue before.

3013
03:27:32,150 --> 03:27:41,790
it matters a great deal that we can allow these events to continue and that there isn't a compatibility issue or safety issue.

3014
03:27:42,010 --> 03:27:47,810
So I just really ask, and this is your first time out of the gate in the county, we really want you to be successful,

3015
03:27:48,090 --> 03:27:52,750
but we also want to make sure that the conditions that we've placed, they're there for a reason,

3016
03:27:52,870 --> 03:27:56,510
not just because it adds to the compatibility, but also the safety.

3017
03:27:56,510 --> 03:28:03,490
So we look forward to, you know, that this works and it's a good venue for you and that

3018
03:28:03,490 --> 03:28:04,790
you have success there too.

3019
03:28:04,950 --> 03:28:06,070
So thank you.

3020
03:28:06,910 --> 03:28:12,490
We will be putting, we put a lot of effort into it and obviously for this, our number

3021
03:28:12,490 --> 03:28:15,110
one is the safety of our guests in every way.

3022
03:28:15,390 --> 03:28:19,290
And then of course we take a lot of pride in making a first class event.

3023
03:28:19,410 --> 03:28:20,990
So we put a lot of thought behind it.

3024
03:28:21,190 --> 03:28:22,750
And that does include the neighbors.

3025
03:28:22,750 --> 03:28:30,270
we will in the past pretty much every neighbor that was in the area came to

3026
03:28:30,270 --> 03:28:36,250
our event so we operate like a family and we intend that to happen at this

3027
03:28:36,250 --> 03:28:42,670
location as well. Great so do we have other concerns or conditions that we

3028
03:28:42,670 --> 03:28:47,370
need to discuss we do have the waiver of the ambulance there is no there isn't

3029
03:28:47,370 --> 03:28:50,930
a request for an extension on any of the hours or any of that so really it's

3030
03:28:50,930 --> 03:28:51,250
the waiver.

3031
03:28:52,070 --> 03:28:56,530
You know, I think on the line with the waiver, the ambulance we've done it in the other two

3032
03:28:56,530 --> 03:29:04,010
that were approved this year, I think it, I guess it'd be conditioned, I guess, on having

3033
03:29:04,010 --> 03:29:04,890
some support.

3034
03:29:05,550 --> 03:29:10,910
You said it was the ski patrol, and I guess that would be a condition that you get that

3035
03:29:10,910 --> 03:29:15,730
agreement that they, I think it's good to have some place that is designated as a

3036
03:29:16,320 --> 03:29:17,450
first aid place.

3037
03:29:17,450 --> 03:29:22,590
I mean it's good you have doctors in the audience but I mean I think it's I don't know it gives

3038
03:29:22,590 --> 03:29:26,390
a sense of safety and security if something happens people know where to go so I guess

3039
03:29:26,390 --> 03:29:32,150
that would be a condition because the other ones we've waived have had a more clear plan

3040
03:29:32,150 --> 03:29:35,750
I guess or more committed by the time we heard about it.

3041
03:29:35,770 --> 03:29:36,670
Is there a first aid tent?

3042
03:29:37,950 --> 03:29:43,710
Yes, we are intending on having a first aid tent and we can, we potentially could

3043
03:29:43,710 --> 03:29:50,990
house it with doctors and PAs, we can certainly get that, but I prefer, I think the National

3044
03:29:50,990 --> 03:29:55,770
Ski Patrol would be honored to provide that to us and would do well at it.

3045
03:29:56,670 --> 03:29:59,870
It's great coverage for them to be associated with the event.

3046
03:30:00,620 --> 03:30:06,560
I think also outlining the equipment that's available and maybe that's so that it isn't,

3047
03:30:07,320 --> 03:30:12,860
if someone were to say, well, we're going to adopt a sports, their application, someone

3048
03:30:12,860 --> 03:30:16,160
might look at it and say, well, you didn't really outline because they weren't privy

3049
03:30:16,160 --> 03:30:22,000
to this conversation. So what, they may use that for a basis for requesting that we also

3050
03:30:22,000 --> 03:30:27,620
not require them, but it's not an apples and apples comparison. So if we can really

3051
03:30:27,620 --> 03:30:33,360
shore up that medical piece of on-call, the equipment that's going to be available, you

3052
03:30:33,360 --> 03:30:40,980
know, the ski patrol, that adds a package that feels stronger than the dialogue if you're

3053
03:30:40,980 --> 03:30:42,580
just reading the application. Cynthia.

3054
03:30:42,880 --> 03:30:48,060
I have a comment on the medical. Using Four Peaks Music Festival as an example, they

3055
03:30:48,060 --> 03:30:53,800
do something very similar where a lot of their attendees are also, they rotate in

3056
03:30:53,800 --> 03:30:59,540
for medical staff, and they've got doctors and nurses and they've got just their lists

3057
03:30:59,540 --> 03:31:04,080
keeps getting longer of their medical staff, but they provide that list as people who are

3058
03:31:04,080 --> 03:31:07,800
there to offer services as part of their medical plan.

3059
03:31:08,040 --> 03:31:14,120
So we require a list of those people who are going to be on call or using it, providing

3060
03:31:14,120 --> 03:31:17,420
medical staff as part of the condition of your permit that you have to supply us

3061
03:31:17,420 --> 03:31:25,260
with the list of those names and their certifications or, you know, whatever it is, and I would

3062
03:31:25,260 --> 03:31:31,280
recommend that those on-call folks be part of that list in addition to the National Ski

3063
03:31:31,280 --> 03:31:32,240
Patrol staff.

3064
03:31:32,700 --> 03:31:37,320
And then going forward in the future, too, and that's, I think, four peaks, they've

3065
03:31:37,320 --> 03:31:43,980
got this constant, they're like a little big family now, but they provide those

3066
03:31:43,980 --> 03:31:47,900
names up front almost when they know these people are going to be attending and they're

3067
03:31:47,900 --> 03:31:49,920
going to be rotating in our first aid tent.

3068
03:31:50,900 --> 03:31:57,180
So that would be, since we're requiring that information anyway in our condition, my suggestion

3069
03:31:57,180 --> 03:31:59,740
is to include those on-call people on there.

3070
03:31:59,760 --> 03:32:04,940
That sounds great because then those individuals, it's clarity for us, it's clarity for an

3071
03:32:04,940 --> 03:32:08,760
application in the future and they know that they have responsibility.

3072
03:32:09,180 --> 03:32:11,880
It's one thing, is there a doctor in the house and the doctor may have had a couple

3073
03:32:11,880 --> 03:32:17,040
glasses of wine and is in the house but it's very, very different and you're pleased to

3074
03:32:17,040 --> 03:32:20,860
have that person but that would, you know, that is definitely something that happens

3075
03:32:20,860 --> 03:32:21,460
at our event.

3076
03:32:21,680 --> 03:32:21,880
Yeah.

3077
03:32:22,100 --> 03:32:23,880
Known to have a glass of wine.

3078
03:32:24,240 --> 03:32:24,380
Yes.

3079
03:32:24,880 --> 03:32:29,480
So I think, and as they should, so I think you understand what we're getting at and

3080
03:32:29,480 --> 03:32:34,420
I work with Cynthia pleased to just make sure that that's captured in a way that

3081
03:32:34,420 --> 03:32:38,060
it also will save you time in the future because then you have the process for

3082
03:32:38,060 --> 03:32:38,460
next year.

3083
03:32:40,100 --> 03:32:46,500
Okay, so supportive all right so I would it are we supportive of the ambulance waiver

3084
03:32:46,500 --> 03:32:53,740
yes okay great so then we will I would welcome a motion I'd make the motion I

3085
03:32:53,740 --> 03:33:03,260
don't see the consideration here okay it would be signature of document number

3086
03:33:03,260 --> 03:33:08,960
2017-338 Outdoor Mass Gathering Permit for OAS Big Stock.

3087
03:33:10,540 --> 03:33:11,060
Second.

3088
03:33:11,420 --> 03:33:11,600
Okay.

3089
03:33:11,720 --> 03:33:13,240
For the discussion, Mr. Henderson?

3090
03:33:13,660 --> 03:33:13,920
Yes.

3091
03:33:14,100 --> 03:33:14,460
Mr. Devone?

3092
03:33:14,640 --> 03:33:14,780
Yes.

3093
03:33:15,000 --> 03:33:15,600
Chair votes yes.

3094
03:33:15,800 --> 03:33:16,740
Thank you very much.

3095
03:33:17,160 --> 03:33:17,320
Thank you.

3096
03:33:17,320 --> 03:33:17,540
Thank you.

3097
03:33:17,680 --> 03:33:18,440
Very exciting.

3098
03:33:19,160 --> 03:33:19,300
Morning.

3099
03:33:19,720 --> 03:33:20,000
Yeah.

3100
03:33:20,080 --> 03:33:20,700
Who knew?

3101
03:33:21,000 --> 03:33:21,400
Who knew?

3102
03:33:22,540 --> 03:33:23,580
All right.

3103
03:33:23,900 --> 03:33:24,660
So next time.

3104
03:33:24,660 --> 03:33:27,380
Other meetings started 20 minutes ago.

3105
03:33:27,680 --> 03:33:27,700
Yeah.

3106
03:33:27,880 --> 03:33:28,380
It's upstairs.

3107
03:33:29,920 --> 03:33:33,840
Okay, let's convene as a governing body of the 9-1-1 County Service District consideration

3108
03:33:33,840 --> 03:33:39,800
of weekly accounts payable vouchers in the amount of $17,738.63.

3109
03:33:40,500 --> 03:33:41,680
Move approval subject to review.

3110
03:33:42,320 --> 03:33:42,520
Second.

3111
03:33:42,820 --> 03:33:43,760
Okay, Commissioner DeBone.

3112
03:33:43,900 --> 03:33:44,040
Yes.

3113
03:33:44,220 --> 03:33:44,720
Commissioner Henderson.

3114
03:33:44,980 --> 03:33:45,080
Yes.

3115
03:33:45,300 --> 03:33:46,060
Chair Boatiaz.

3116
03:33:46,520 --> 03:33:49,660
Now convene as a governing body at the extension for each county service district

3117
03:33:49,660 --> 03:33:52,500
in the amount of $705.86.

3118
03:33:53,080 --> 03:33:54,680
Move approval subject to review.

3119
03:33:55,000 --> 03:33:55,260
Second.

3120
03:33:55,700 --> 03:33:57,120
Okay, Commissioner DeBone.

3121
03:33:57,960 --> 03:33:58,080
Yes.

3122
03:33:58,080 --> 03:33:58,240
Yes.

3123
03:33:58,360 --> 03:33:58,900
Mr. Henderson.

3124
03:33:59,180 --> 03:33:59,380
Yes.

3125
03:33:59,520 --> 03:34:00,420
Just renaming you.

3126
03:34:00,440 --> 03:34:00,860
Oh, him first.

3127
03:34:00,940 --> 03:34:01,300
Okay.

3128
03:34:02,960 --> 03:34:04,220
Chair votes yes.

3129
03:34:04,500 --> 03:34:04,900
All right.

3130
03:34:06,040 --> 03:34:09,600
Now let's reconvene as the Deschutes County Board of Commissioners, consideration of

3131
03:34:09,600 --> 03:34:14,920
weekly accounts, payable vouchers in the amount of $840,902 and $0.23.

3132
03:34:15,300 --> 03:34:16,640
Mover approval subject to review.

3133
03:34:17,200 --> 03:34:17,560
Second.

3134
03:34:17,960 --> 03:34:18,260
Okay.

3135
03:34:18,840 --> 03:34:20,380
Tom, anything of, all right.

3136
03:34:21,080 --> 03:34:21,240
Come on.

3137
03:34:21,380 --> 03:34:25,320
There's got to be something more interesting than anything we've been into today.

3138
03:34:25,320 --> 03:34:28,820
In all honesty, commissioners, it's a pretty routine.

3139
03:34:29,500 --> 03:34:30,780
Nothing really stands out.

3140
03:34:30,880 --> 03:34:37,340
We spent 20 grand on repairing heavy equipment at solid waste.

3141
03:34:37,600 --> 03:34:38,560
It's probably the top of the market.

3142
03:34:38,560 --> 03:34:38,840
There you go.

3143
03:34:39,100 --> 03:34:39,800
All right.

3144
03:34:40,040 --> 03:34:40,680
That's exciting.

3145
03:34:41,140 --> 03:34:41,440
Okay.

3146
03:34:41,720 --> 03:34:42,200
Commissioner Devone?

3147
03:34:42,560 --> 03:34:42,680
Yes.

3148
03:34:42,860 --> 03:34:43,400
Commissioner Henderson?

3149
03:34:43,680 --> 03:34:43,860
Yes.

3150
03:34:44,140 --> 03:34:44,800
Sure votes yes.

3151
03:34:45,320 --> 03:34:47,320
And anything else to come before the board?

3152
03:34:47,440 --> 03:34:48,020
Seeing none.

3153
03:34:48,220 --> 03:34:48,800
We are adjourned.

3154
03:34:49,460 --> 03:34:49,840
All right.

3155
03:34:50,260 --> 03:34:51,140
How do we want to navigate?