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1999-905-Minutes for Meeting June 30,1999 Recorded 8/12/1999VOL: CJ1999 PAGE: 905 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 12,1999; 9:50 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 19 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK tl(1 1999 q 9A• 9105 MINUTES 99 AUG 12 AM 9: 50 DESCHUTES COUNTY BOARD OF COMMISSJQN4kN� IOLLOW MAINI June 30, 1999 C0UN7Y CLERK Chair Linda L. Swearingen called the Board of County Commissioners meeting to order at 10:06 A.M. County Commissioners present wereLinda L. Swearingen, Tom DeWolf, and Dennis R. Luke. Also present was Bruce White, Assistant County Counsel; Susan Mayea, Management Analyst; Mike Maier, County Administrator; Dave Leslie, Planner; Renee Warner, Building Services Manager; Mark Amberg, Assistant County Counsel; Roger Everett, Environmental Health Manager; George Read, Community Development Director; Rick Isham, County Counsel; Judy Sumner, Risk Management; Jim Bonnarens, Property Management; Tracy White, Planner; and Tom Anderson, Management Analyst. 1. CITIZEN INPUT - NONE 2. RECOGNITION OF CATHERINE MORROW Catherine Morrow was recognized for the tremendous job she had done for Deschutes County over the years. Catherine is leaving the County. Mike Biers presented a certificate of appreciation to Catherine Morrow. George Read also expressed his thanks and appreciation for Catherine's 9 1/2 years with the County. Catherine thanked everyone for all the comments but stated that it had been a team effort. CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 3. SIGNATURE OF RESOLUTION NO. 99-051 ADOPTING AND CONTINUING FEES AND CHARGES FOR SERVICES AND PRODUCTS Before the Governing Body was signature of Resolution No. 99-051, adopting and continuing fees and charges for services and products. MINUTES 1 JUNE 30, 1999 El LUKE: I would move signature of Resolution No. 99-051. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES SIGNATURE OF RESOLUTION NO. 99-052, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-052, adopting the 1999-2000 Fiscal Year Budget for Deschutes County 9-1-1 County Service District. LUKE: So moved. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 5. SIGNATURE OF RESOLUTION NO. 99-053 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEAR FOR THE DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT Susan reported there were no changes from the approved to the proposed adopted. The total budget was $2,389,092 and the tax rate was 0.1618 which was estimated to collect $1.1 million for 9-1-1. Before the Governing Body was signature of Resolution No. 99-053, Levying Ad Valorem Taxes and making appropriations for the 1999-2000 Fiscal Year for the Deschutes County 9-1-1 County Service District. MINUTES 2 JUNE 30, 1999 DEWOLF: So moved. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 6. APPROVAL OF WEEKLYACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers in the amount of $13,307.92. LUKE: So moved. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF BLACK BUTTE RANCH COUNTY SERVICE DISTRICT 7. SIGNATURE OF RESOLUTION NO. 99-054, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR BLACK BUTTE RANCH COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-054, adopting the 1999-2000 Fiscal Year budget for the Black Butte Ranch County Service District. LUKE: I would move Resolution No. 99-054. DEWOLF: Second. MINUTES 3 JUNE 30, 1999 VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 8. SIGNATURE OF RESOLUTION NO.99-055 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEAR FOR THE BLACK BUTTE RANCH COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-055, levying Ad Valorem taxes and making appropriations for the 1999-2000 Fiscal Year for the Black Butte Ranch County Service District. Susan Mayea reported the rate was 1.0499 which was under the Measure 5 limitation. DEWOLF: Move approval of Resolution No. 99-055. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 9. SIGNATURE OF RESOLUTION NO. 99-056, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-056, adopting the 1999-2000 Fiscal Year budget for the Bend Library County Service District. LUKE: I would move Resolution No. 99-056. MINUTES 4 JUNE 301, 1999 --------------- ------------------------------- SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 10. SIGNATURE OF RESOLUTION NO. 99-057 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEAR FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT Before the Board was signature of Resolution No. 99-057, levying Ad Valorem taxes and making appropriations for the 1999-2000 Fiscal Year budget for the Bend Library County Service District. Susan Mayea reported $570,410 was the amount to be levied. LUKE: I would move signature of Resolution No. 99-057. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $7,691.59. LUKE: I would move approval. DEWOLF: I will second that. MINUTES 5 JUNE 30, 1999 VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION & 4-H SERVICE DISTRICT 12. SIGNATURE OF RESOLUTION NO. 99-058, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR THE DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-058, adopting the 1999-2000 Fiscal Year budget for the Deschutes County Extension and 4-H Service District. LUKE: I would move Resolution No. 99-058. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 13. SIGNATURE OF RESOLUTION NO. 99-059, LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEARFOR THE DESC1 UTES COUNTYEXTENSION AND 4-H SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-059, levying Ad Valorem taxes and making appropriations for the 1999-2000 Fiscal Year for the Deschutes County Extension and 4-H Service District. Susan Mayea reported the rate was $.0024 which was projected to raise $164,000. MINUTES 6 JUNE 30, 1999 LUKE: I would move Resolution No. 99-059. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Deschutes County Extension and 4-H Service District in the amount of $2,352.93. LUKE: So moved. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 15. SIGNATURE OF RESOLUTION NO. 99-060, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR THE REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-060, adopting the 1999-2000 Fiscal Year budget for the Redmond Library County Service District. MINUTES 7 JUNE 303, 1999 LUKE: I would move Resolution No. 99-060. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 16. SIGNATURE OF RESOLUTION NO. 99-061, LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEAR FOR THE REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Board was signature ofResolution No. 99-061, levying Ad Valorem taxes and making appropriations for the 1999-2000 Fiscal year for the Redmond Library County Service District. Susan Mayea reported the levy was in the amount of $166,965. LUKE: Move signature of Resolution No. 99-061. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 17. SIGNATURE OF RESOLUTION NO. 99-062, ADOPTING THE 1999-2000 FISCAL YEAR BUDGET FOR THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-062, adopting the 1999-2000 Fiscal Year budget for the Sunriver Library County Service District. MINUTES 8 JUNE 305, 1999 LUKE: I would move signature of Resolution No. 99-062. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 18. SIGNATURE OF RESOLUTION NO. 99-063 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE 1999-2000 FISCAL YEAR FOR THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 99-063, levying Ad Valorem taxes and making appropriations for the 1999-2000 Fiscal Year for the Sunriver Library County Service District. Susan Mayea reported the levy was in the amount of $92,023. LUKE: I would move Resolution No. 99-063. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 19. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for Sunriver Library County Service District in the amount of $11,414.00. LUKE: So moved. MINUTES 9 JUNE 303, 1999 DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 20. SIGNATURE_ OF RESOLUTION NO. 99-049, ADOPTING THE DESCHUTES COUNTY BUDGET FOR FISCAL YEAR 1999-2000 Before the Board was signature of Resolution No. 99-049, adopting the Deschutes County Budget for Fiscal year 1999-2000. Susan reported there ws a $19,000 reduction in the budget. LUKE: I would move signature of Resolution No. 99-049. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 21. SIGNATURE OF RESOLUTION NO. 99-050 LEVYING AD VALOREM TAXES FOR FISCAL YEAR 1999-2000 AND MAKING APPROPRIATIONS OF THE DESCHUTES COUNTY BUDGET FOR FISCAL YEAR 1999-2000 Before the Board was signature of Resolution No. 99-050, levying Ad Valorem taxes for Fiscal Year 1999-2000 and making appropriations of the Deschutes County budget for Fiscal year 1999-2000. MINUTES 10 JUNE 30, 1999 Susan Mayea reported the levy was in the amount of $1.1669 per thousand. She stated the levy rate for the Sheriff in the incorporated area was $.78 and the rural area was $1.12 Total projected tax was a little over $18 million. LUKE: So moved for Resolution No. 99-050. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 22. DECISION OF WHETHER TO HEARAPPEAL A-99-5 OF THE HEARINGS OFFICER'S DECISION ON WHETHER A DECK WAS LAWFULLY ESTABLISHED AND CAN BE USED TO MARK THE INTENT OF A LAWFUL NON -CONFORMING RIVER SETBACK FOR JAMES MCKENNEY AND SIGNATURE OF ORDER NO. 99-116 Before the Board of County Commissioners was a decision of whether to hear appeal A-9-5 of the Hearings Officer's decision on whether a deck was lawfully established and can be used to mark the intent of a lawful non- conforming river setback for James McKenney and signature of Order No. 99- 116. Commissioner Swearingen stated that based on what they heard on Monday, the Board did not feel that his deck had been lawfully established in time to allow Mr. McKenney the opportunity build on to his house. Commissioner Swearingen asked if James McKenney had any evidence to provide to the Board that this deck was lawfully established. Jim McKenney, 5622 Solar Drive, provided information to the Board as to how they got to this point. He stated all he was requesting was a full hearing before the Board to provide information that prove that his addition to his home should be allowed. He reported he had been working with the Planning Division since last October. He stated that in the staff report he was led to believe things would come out favorably for him and if the deck was legal, MINU'T'ES 11 JUNE 30, 1999 they were going to approve his addition. He stated he then received a staff recommendation stating it was not approved plus it was switched from a landscape management application to an administrative determination. He went to the Planning Department to find out what an administrative determination was. He stated he was not aware of any shift in the requirements because of the change from landscape management to an administrative determination. He thought that when he went to the hearing he was prepared. He stated that after the Hearings Officer's denial, he hired an attorney. He said that all he was asking for was a hearing so the Board could consider this issue. Mr. McKenney stated he had talked with the Hearings Officer that had conducted the hearing in 1980. He had agreed to provide evidence before the Board saying that the variance was to allow the deck to be built onto the structure. He stated that back in 1980 the Hearings Officer allowed structures to be built within 50 feet of the river. He stated he did not own the property in 1980. Commissioner Luke asked if the 100 foot setback was in place when Mr. McKenney bought the property. Mr. McKenney stated he bought the property three years ago. Mr. McKenney stated that if they had asked to build the house to within 50 feet, in 1980 the Hearings Officer would have said yes. Commissioner Luke stated that no one was going to make him take his deck or building down. Commissioner Luke stated that they question was whether Mr. McKenney could do an addition on to a pre-existing building that does not conform to the current law. Tracy White explained what happen with this application. Tracy reported that the code required landscape management review for a substantial addition of 25% or cost of the existing building. Mr. McKenney's addition was not 25%. The other criteria that was required originally was the standard for an addition to an existing structure to within the 100 foot setback. MINUTES 12 JUNE 30, 1999 Tracy White reported that when the hearing was had the LM criteria had been eliminated. He was only held to the criteria for the expansion of an existing building within the 100 foot setback. She stated criteria had been removed, not added. Tracy stated they were not dealing with a non -conforming use. She felt they were dealing with a legal use or an illegal use. Commissioner Swearingen asked when the deck was built. Tracy White reported that Mr. McKenney had provided records from the Assessor's Archives which show the deck being there in 1981. Commissioner Swearingen asked when the rule went into effect. Tracy White stated it went into effect in 1979. She stated we were not dealing with a non- conforming structure. Tracy White reported the deck was not shown on any plot plan. Tracy reported the building permit for the house was dated in 1981. Jim McKenney stated there was a provision in the County Code that said if a structure had been in existence for 10 years, and it hasn't changed, it was presumed to be legal. Commissioner Luke stated there was no questions that the building was legal. He stated that what Mr. McKenney was asking for was an addition to that building within the 100 foot setback. Mr. McKenney stated that the Hearings Officer said that if he had proven that the deck was legal, she would allow the addition. He felt that if the deck was legal, then there was no issue. He felt that since the deck had been there for 10 years, it was legal unless someone could prove that it was illegal. Commissioner Luke stated that it was legal in the fact that someone cannot make Mr. McKenney tear it down. He further stated that it was not legal in the fact that it did not meet code. Tracy White felt that they would not get to the criteria that Mr. McKenney was talking about unless they were reviewing a non -conforming use. Tracy felt MINUTES 13 JUNE 30, 1999 that if the Board chose to hear this, they would be reviewing the 1980 variance approved by the Hearings Officer. Commissioner Luke asked how closed the addition Mr. McKenney was requesting would be to the river. Mr. McKenney stated it would be 53 feet from the river. Tracy White read from the decision V80-46. The decision was for approval subject to conditions. The building structure shall be placed no closer than 75 feet to the high water mark or line. Commissioner DeWolf asked if there was any information in the decision from 1980 that allowed anything to be built within 50 feet of the river. Tracy stated there was not. Commissioner Swearingen asked how much Mr. McKenney had paid for the application. Jim McKenney reported he had paid $370 to apply for the landscape management review. He paid $220 for the reconsideration of the Hearings Officer. He paid about $1,020 to bring a hearing to the Board. SWEARINGEN: It would be my recommendation based on what we've heard that we refund the $1,020 to Mr. McKenney and not hear the appeal. SWEARINGEN: (Amended motion) I would amend my motion for the refund to be whatever Mr. McKenney paid to Deschutes County in regards to this (the entire amount). Commissioner Swearingen stated she would withdraw her motion since there was no second. DEWOLF: I would move that refund all of the appeal application money. MINUTES 14 JUNE 30, 1999 LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES SWEARINGEN: I move that approve Order No. 99-116, with the change in Section 2 that there should be a refund of $1,020. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 23. SIGNATURE OF RESOLUTION NO. 99-030 ADOPTING AND CONTINUING FEES AND CHARGES FOR SERVICES FOR FISCAL YEAR 1999-2000 Before the Board was signature of Resolution No. 99-030, adopting and continuing fees and charges for services for Fiscal Year 1999-2000. Susan Mayea stated there were slight changes in the fee schedule which she reviewed with the Board. LUKE: I would move signature of Resolution No. 99-030. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES 15 JUNE 30, 1999 24. SIGNATURE OF RESOLUTION NO. 99-044 TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1998-99 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 99-044, transferring appropriations within various funds of the 1998-99 Deschutes County budget. LUKE: I would move signature of Resolution No. 99-044, subject to review. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 25. CONSENT AGENDA Consent agenda items before the Board of County Commissioners were: 1) signature of Agreement for Personal Services between Deschutes County and the Humane Society of Redmond; 2) approval of waiving bond requirements fore equipment purchases of a hydraulic compactor, breaker hammer and tilt trailer; 3) reappointment of Ron and Shirlee Evans, Carol Delmonico and appointment of Ed Moore, David Zimmerman and Mike Pulzone to the Bicycle/Pedestrian Advisory Committee; 4) signature of Survey Database Licensing Agreement to allow subscription use of this computer application; 5) signature of Indemnity Agreement for the La Pine Frontier Days Parade to be held on July 3, 1999; 6) signature of Indemnity Agreement for the Eagles - Chuck Austin Memorial Run to be held on September 6,1999; 7) appointment of Ted Schassberger to the Planning Commission for the duration of Regional Problem Solving Project; 8) signature of Order No.99-113, assigning the name of Diamondback Lane to an unnamed access road; 9) signature of Intergovernmental Agreement with Deschutes Public Library District for medical coverage for district employees under county plan; 10) signature of Order No. 99-114, to transfer and distribute certain monies from the land sales fund; 11) signature of Orders No. 99-105 and 99-106, authorizing the refund MINUTES 16 JUNE 30, 1999 26. 27. of taxes;12) reappointment of Susan Mayea, Linda Swearingen, Jackie French, Eric Sande, Alan Albertini, Ken Reiswig, and Terri Osborne to the Central Oregon Regional Strategies Committee; and 13) approval of weekly accounts payable vouchers subject to review in the amount of $583,341.83. LUKE: I would move approval of the consent agenda. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES SIGNATURE OF INTERGOVERNMENTAL AGREEMENT TO PROSECUTE FOOD STAMP FRAUD Before the Board was signature of an Intergovernmental Agreement to prosecute Food Stamp fraud. Neil Bregenzer reported this agreement was between Deschutes County and the Department of Human Services for prosecution of food stamp fraud cases. LUKE: I would move signature of the Intergovernmental Agreement. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES SIGNATURE OF LIQUOR LICENSE RENEWAL FOR RIVERWOODS COUNTRY STORE Before the Board was signature of a Liquor License for Riverwoods Country Store. MINUTES 17 JUNE 30, 1999 DEWOLF: Move approval. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 28. SIGNATURE OF AMENDMENT OF 1997-99 INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND OREGON DEPARTMENT OF CORRECTIONS FOR THE COUNTY COMMUNITY CORRECTIONS GRANT-IN-AID Before the Board was signature of an amendment to the 1997-99 Intergovernmental Agreement between Deschutes County and Oregon Department of Corrections for the County Community Corrections Grant-in- aid. Mark Amberg reported this was for an extension through September 30, 1999. LUKE: I would move signature of amendment to the 1997-99 Intergovernmental Agreement between Deschutes County and the Department of Corrections. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES 18 JUNE 30, 1999 Chair Linda Swearingen continued the meeting to 3:00 p.m. today. There being no further County business to conduct the meeting was adjourned at 3:00 p.m. DATED this 30th day of June, 1999 by the Deschutes County Board of Commissioners. In ddaaL. Swearingen, Chair Tom DeWolf, Commis ' r EST: Recording Secretar ennis R. Luke, Co missioner MINUTES 19 JUNE 30, 1999