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1990-27631-Minutes for Meeting August 29,1990 Recorded 9/6/1990104 , 1789 90--2'7631 MINUTES MICROFILMED DESCHUTES COUNTY BOARD OF COMMISSIONERS August 29, 1990 S Chair Throop opened the meeting at 10:10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Bruce White, Assistant Legal Counsel; Karen Green, Community Development Director; Brad Chalfant, Property Manager; and Mike Maier, County Administrator. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of out-of-state travel for Bob Dean and Pete Manley of Public Works; #2, approval of out-of-state travel request for Roger Kryzanek of Mental Health; #3, signature of letter to Oregon Community Children and Youth Services Commission approving proposal for funds to Cascade Youth and Family Center; #4, chair signature of Contract/Grant Amendment for LaPine Sewer Project; #5, chair signature of contract with Central & Eastern Oregon Juvenile Justice Consortium for Tracker Program; #6, chair signature of OLCC license applications/ renewals for Cathy's Deli, Wood Mark Bowl, LaPine Book Store, Thousand Trails, Ponderosa Pizza in Sunriver and LaPine, Sunriver 19th Hole Restaurant and Sunriver owls Nest, Vic's Tavern, Kayo's Good Food & Spirits, and two for Hook Wine and Cheddar; #7, signature of Order 90-124 redemption of tax foreclosed property by Ruth and Donald Eves and Bargain and Sale Deed; #8, signature of MP-90-17 creating three;;',;par-Vels on Highway 97 south of Redmond; #9, signature 9-9 0-9 creating two lots in South Heights Addition fo, .,Cad ryn Anderson; and #10, signature of Tax Refund Order 9b~ 2311 PRANTE : So moved. MAUDLIN: Second. ' 2'. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. CERTIFICATE OF APPRECIATION TO MARTY DURAY, VETERANS OFFICER Bill Roberts, Commander of the Military Order of the Purple Heart, presented Marty Duray, Deschutes County Veterans Service Officer, with a citation for outstanding service to disabled veterans. Mr. Roberts mentioned that Marty had been recently elected as president of the County Service Officers for the State of Oregon, and was elected as Executive Director of the Board of Directors of the National Organization. PAGE 1 MINUTES: 8-29-90 104 ~ 17g0 3. PUBLIC HEARING: MCMANUS NUISANCE ABATEMENT IN LAZY RIVER SUBDIVISION Before the Board was a public hearing on an alleged public nuisance created by storage of a destroyed mobile home on private property at 52853 Bridge Drive, LaPine, in violation of Deschutes County Code 13.36.010 which prohibits the storage of solid waste on private property in a manner which was offensive or hazardous to public health or safety. Brad Chalfant said there had been a number of complaints on this property since a fire destroyed a mobile home in February of 1987. The property was posted as a dangerous building on December 27, 1987, but was never followed up by the building inspectors. It was posted as a violation of the solid waste nuisance ordinance on August 8, 1990, and certified mailings were made. He said it was clear from an inspection of the property that this site would qualify as a solid waste nuisance. Chair Throop opened the public hearing. Ruth Corder, 52867 Bridge, LaPine 97739, testified that she lived to the north of the burned out home. She said children played there, and there were dead cats and dogs on the site. The building was a terrible eye sore and a health hazard. She requested that it be cleaned up. There being no one else who wished to testify, Chair Throop closed the public hearing. PRANTE: I would move that we find that there is a nuisance and order an abatement within 10 days and if the nuisance is not abated within that period, that Deschutes County Public Works do the clean up work. MAUDLIN: I'll second the motion for discussion. Commissioner Maudlin pointed out that only the burned mobile home would be cleared out because the remainder of the out buildings would not qualify as a solid waste nuisance. Rick Isham said he was looking into rather there was a way to expedite the foreclosure of the property so that the County could sell it to pay the property taxes, the LID lien, and the County's costs of removing the mobile home prior to the normal two-year redemption period. Brad Chalfant estimated that the money received through the sale of the property would be close to amount owed in taxes, LID and cleanup of the nuisance, however the County could not recover its costs until the property were sold. PAGE 2 MINUTES: 8-29-90 104 - 17-91 4. 5. Commissioner Maudlin expressed concern that the Public Works Department did not have money budgeted for this purpose and felt the Board should not take action until it could be determined whether the redemption period could be shortened. Commissioners Prante and Throop felt the County should proceed with the cleanup while the redemption issues were researched. Commissioner Throop said he had spoken with the Director of Public Works indicated they could handle the removal through force account. VOTE: PRANTE: YES THROOP: YES MAUDLIN: NO PUBLIC HEARING: ORDER 90-084 ANNEXING JACOBS TERRITORY TO DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT #2 Before the Board was the final public hearing regarding the annexation of the Jacobs territory to the Deschutes County Rural Fire Protection District #2. Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. PRANTE: Move signature of Order 90-084. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING: ORDER 90-085 ANNEXING DANIELS TERRITORY TO THE DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT #2 Before the Board was the final public hearing regarding the annexation of the Daniels territory to the Deschutes County Rural Fire Protection District #2. Chair Throop opened the public hearing. There being no one who wished to testify, the public hearing was closed. PRANTE: Move signature of Order 90-085. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 3 MINUTES: 8-29-90 104 - 1792 6. RESOLUTION 90-081 ESTABLISHING STANDARDS AND PROCEDURES FOR THE ISSUANCE OF GATE PERMITS Before the Board was signature of Resolution 90-081 establishing standards and procedures for the issuance of gate permits on public roads. Bruce White said this issue was coming before the Board since there had recently been four applications submitted for gate permits. Gate permits had typically been given out by the County only in rare circumstances involving dead-end roads leading to isolated properties. The County felt there needed to be standards to guide the issuance of permits. He said three applications involved subdivisions, and the other applications probably did not involve a public road but it was still being researched. He said Section 1 of the Resolution stated that the Board of Commissioners would make the final decision upon the recommendation of the Public Works Director. Section 2 indicated a $100 fee would be charged for the permit, and Sections 3 and 4 set out standards for issuance of the permits from private and public applicants. He said the standards were more detailed for private applicants than for public applicants. Section 5 defined "public agency." Rick Isham said that under state law there were three levels of roads: private roads, local access roads, and in unincorporated Deschutes County there could also be County roads. Inside of the City all streets were city streets or private ways. A private road was not under the jurisdiction of the County and was totally under the jurisdiction of the property owners. The local access roads and County roads were public roads. The County roads were maintained and under the jurisdiction of the County through the Board of Commissioners. A local access road had never been designated a County road, and therefore it was not maintained nor was there responsibility for maintenance by the County. Both County roads and local access roads were open to the public, and the public had the right to use the road whether or not they had an ownership interest in property near the road. State law gave the Board of County Commissioners jurisdiction to allow gate permits and cattle guards on public roads (county or local access) under conditions which they deemed appropriate. In Deschutes County, cattle guards have been allowed on County roads only under very exceptional circumstance, and gates have not been allowed on County roads. He said on occasion, the Board of County Commissioners had allowed the gating of a public access road when the road was a dead end, accessed only a few properties, did not provide access to public lands, and there appeared the public did not have any reason to traverse that road except to go into the driveways of private homes, access private agriculture fields, or private forest areas for purposes of vandalism. In the past when requests had been PAGE 4 MINUTES: 8-29-90 1Q4 - 1793 made to exclude people from adjoining subdivisions, they were not approved. Commissioner Throop said the resolution before the Board formalized this previously unwritten policy. Rick Isham said that another issue to be considered was the safety of the public should the Board agree to restrict or limit movement on a road which had historically been used for moving traffic. If approved, the Board would be very concerned about the location of the gate, the type of gate, and type of signs or warnings which would be required. Commissioner Throop said with the recent fires in Deschutes County, it had come to the Board's attention that there were a number of subdivisions which only had a single access. He said it was very important that the County help provide multiple accesses for subdivisions so if there were a wildfire, there would be a number of exit routes. He said as a matter of policy, the County no longer would approve subdivisions which had only a single access route. He said when citizens had erected gates on public roads in the past, the Board has directed the Public Works Department to remove those gates and recover the costs of removal from those responsible. Jim Standerfer, 16993 Canyon Cr., Sisters, said he was the president of the Snow Cap Homeowners Association. He said there were about 47 parcels of land in the subdivision which was about 6 miles NE of Sisters. He said there were 13 permanent residents, 21 weekenders, and 13 lots with no improvements. They have 2 miles of road in the subdivision which they maintain. Once a year they hired a private contractor to gravel and grade the roads. They had $6,500 worth of work done in March. As soon as they made these road improvements, the subdivision to the east started using their road, and within a month the road was as bad as it had been before the improvements. Also people were speeding through the area. They had put up signs and had asked people to slow down to no avail. Commissioner Throop clarified that their road was a public road not a County road. He said that if the road were brought up to County standards, the County would take over the maintenance of the road. Commissioner Prante suggested that they look into forming an LID so they could use county bonding. Mr. Standerfer felt that it would be cheaper for everyone if the County would give them the road so it would be a private road, and they could gate it. PAGE 5 MINUTES: 8-29-90 1.04 1.70/1 Rick Isham said there probably were some comprehensive land use policies which would prohibit the County from vacating the road. He said the vacation statute required that the Board make a determination that the public right-of-way was not useful to the public, and from testimony it was obviously useful. Merle Grogan, 69937 Star Dust Lane, asked if the road would have to be 60' wide to bring it up to county standard. Rick Isham said it would depend on rather it was a local road or a collector. Mr. Grogan asked if the trees within the right- of-way would have to be cut. The Commissioners said that was a possibility. Virl Pushie, PO Box 521, Sisters, said there was one-quarter of a mile of road that they maintained off Wilt Road. He was concerned about a partition which was recently granted in the area. Commissioner Throop asked that he call him after the meeting so his concern could be investigated. Mr. Standefer asked some questions regarding paving their roads, and he was asked to contact the County Engineer who could answer his questions. He asked if the 1/4 mile of road from Wilt Road to their subdivision were a private road, could it be gated? Commissioner Throop said if it had been used continuously by the public for a period of nine years, the public could secure a right of adverse possession and retain access through the courts. Jerry Freund, 69240 Crooked Horseshoe Rd., said he was a member of the Crooked Horseshoe Homeowners Association Road Committee. He said they were putting a layer of gravel and a mat finish on their roads. He said two areas dead ended into cul-de-sacs but one connected to a Forest Service road. He was concerned that when they improved the road, traffic would increase through that area. They wanted to put a break- a-way gate at the Forest Service Road. Commissioner Throop said this situation would probably not meet the Resolution standards to allow a gate. He suggested that Mr. Freund meet with Bruce White, Assistant County Legal Counsel, and the Forest Service to see if the Forest Service would be willing to close the road or put a ditch at this access route since they had other access to their lands. They might also consider the possibility of the property owners dedicating land to put in a cul-de-sac. Emil (Bob) Buckser, 16880 Wilt Road, Sisters, said he owned an 80-acre piece of property formerly known as Cascade Woods Unit I. He removed the 5 acre lots and created one large lot created a reforestation plan with the Forest Service, and PAGE 6 MINUTES: 8-29-90 104 - 1795 5. carved out a 10-acre piece for his personal use. He wanted to thank the County, especially Mr. White, for all the work they had done. He hoped for an expeditious determination that the road down the middle of his property was a private road, and that the public never had any interest in it, so that he could proceed with planting the trees. Chair Throop closed the public hearing. MAUDLIN: I would move adoption of Resolution 90-081. PRANTE: I would second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDINANCE 90-036 AMENDING ANIMAL CONTROL CODE Before the Board was signature of Ordinance of 90-036 amending Title 6, Animals, of the Deschutes County Code effective September 1, 1990. Bruce White said these were clean up amendments primarily with regard to kennel licensing. He said in addition to the items outlined in his memo to the Board, he also recommended that when people came in to get kennel licenses, it be determined that their kennels were in compliance with County land use laws. The Board agreed with Commissioner Maudlin's suggestion that the kennel licenses all come due at the same time each year (January 1 through the end of December) so that the inspections could all be done at the same time. If someone applied for a kennel license in the last quarter of the year, they would get a license through the end of the following year, and fees could not be prorated. PRANTE: I would move first and second reading title only. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop performed the first and second readings of Ordinance 90-036 by title only. PRANTE: Move adoption. MAUDLIN: Second. PAGE 7 MINUTES: 8-29-90 104 - 1706 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. REQUEST FROM VICTOR RUSSELL TO BURN STUMPS Victor Russell, 15118 Fall River Dr., Bend, came before the Board to request that he be allowed to burn some brush and stumps. He had been issued a citation for illegal dumping. He said he had a DEQ permit to burn the material anytime from November 15 to December 15. He wanted a temporary reprieve on the citation until December 15. Otherwise he would have to move the material to the landfill at an approximate cost of $4,000. He said they have used the site for dumping for 10-12 years, and they had always burned there in the past. It had originally been a surface mine which they had recently changed to industrial zoning. Karen Green reported that a complaint was received around the first of the year, and Mr. Russell was cited in April. He failed to appear and a warrant was issued. He then appeared and the trial was continued so that Mr. Russell could consider some options. She said the site was not just a dump site for burnable material but contained a great deal of noncombustible material including some old appliances. She said the site had been used as a dump for some time, and some of the material had been buried. The fire district in the area had expressed concerned over the fire hazard created by the burnable material on the site. She said the burning season did not open until November and that DEQ did not issue burning permits in Deschutes County--the County did. She said before issuing a burning permit, the County would contact the fire district to determine whether or not it would be safe to burn. Mr. Russell said there had been some illegal dumping on his site. They caught the individuals involved and had them remove the appliances. The other noncombustible materials on the property were concrete, log forks, an old refrigerator he used to store dynamite in, welding rod, and pipe ends, but there were no appliances buried on the site. He said there had been a chipping operation on the site a couple of years ago, however they had dozed the area since then. He said they were using the concrete for fill, and he planned to continue to put concrete on this site for fill. Commissioner Maudlin said he had checked with Public Works and dumping concrete, rock, etc. on private property was not illegal. He said the only thing that couldn't be dumped was tar material, i.e. old road material. PAGE 8 MINUTES: 8-29-90 104-.1797 Karen Green said Mr. Russell was cited for maintaining an illegal solid waste dump. She said the material on this site would constitute solid waste. She said the Board had a couple of options: to ask the Code Enforcement Officer to "back off" on the citation and let Mr. Russell work it out or go ahead on the citation and let Mr. Russell make his case in court. The Board asked Commissioner Prante to meet with the involved parties and come back to the Board on Wednesday, September 5, 1990, with a recommendation. 7. STF PROGRAM PERSONAL SERVICES CONTRACTS Before the Board was signature of Personal Services Contracts with COCOA, City of Bend, All Outdoors, Residential Assistance Program, Opportunity Foundation, and United Senior Citizens of Bend for the STF program. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. BENEFIT POLICY FOR COUNTY EMPLOYEES IN NATIONAL GUARD OR RESERVES Mike Maier said he did not feel that the County needed to adopt any additional policy regarding the benefits of county employees who might be called to active duty. He said state law adequately covered this situation. When called into active duty, they would received benefits from the government for themselves and their families. He said in some cases it might be a lesser benefit than they currently had with the County, but they had the option with COBRA to continue their county benefits at their own expense. Commissioner Throop said that if it did become an issue, it could be confronted at that time. 9. CODE ENFORCEMENT TASK FORCE REPORT Commissioner Throop gave the Commissioners a copy of the summary resulting from the last Code Enforcement Task Force meeting and deferred discussion to the next week. 10. WEEKLY WARRANT VOUCHERS Before the Board were bill in the amount of $214,084.09. PRANTE: Move weekly warrant vouchers upon review. PAGE 9 MINUTES: 8-29-90 104- 179 8 MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. MP-90-38 FOR MS. BILLINGS; SOUTHWOOD SUBDIVISION PLAT FOR THE SOUTHWOODS AND SPENCERS; MP-90-11 FOR DOUTHITS AND TRUSLOW• and JUNIPINE ACRES SUBDIVISION PLAT Before the Board was signature of MP-90-38 creating three parcels on Cloverdale Market Road for Ms. Billings; signature of Southwood Subdivision Plat for the Southwoods and the Spencers; signature of MP-90-11 on Tumalo Reservoir Road for Douthits and Truslow; and signature of Junipine Acres Subdivision Plat. PRANTE: I will move signature as presented. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Prante, Commissioner Loi;t~ Tom Thr oop, Chair D k u lin, Commissioner BOCC:alb PAGE 10 MINUTES: 8-29-90