2000-10-Minutes for Meeting December 29,1999 Recorded 1/6/2000VOL: CJ2000 PAGE: 10
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-10 * Vol -Page Printed: 01/12/2000 13:58:06
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:
Jan. 6, 2000; 10:14 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOw
DESCHUTES COUNTY CLERK
KEY UN HED
JAN 2 2000
e J-00 - Id
MINUTES
BOARD OF COUNTY COMMISSIONERS' MEETING
Wednesday, December 29,1999
Chair Linda Swearingen opened the meeting at 10:00 a.m. Commissioners present
were Linda Swearingen, Dennis Luke and Tom DeWolf. Also present were Kevin
Harrison, Community Development Department; Adriel McIntosh, Commissioners'
Office; Legal Counsel Richard Isham and Bruce White; Bob Shotwell, KICE
Radio; Citizen Larry Acuff and his attorney, Larry Irwin; and eventually Iona,
Blust, Road Department. M
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1. CITIZEN INPUT
s
There was no citizen input. `•�
O X.
2. DECISION ON AN APPEAL OF HEARINGS OFFICER'S DECISION RE:
MP -99-11, A PARTITION OF A 20 -ACRE PARCEL INTO TWO 10 -ACRE
PARCELS IN AN RR -10 ZONE (GRIBBLING ROAD, BEND)
Before the Board was a Decision on an Appeal of Hearings Officer's Decision
re: MP -99-11, a Partition of a 20 -Acre Parcel into Two 10 -Acre Parcels in an
RR -10 Zone (Gribbling Road, Bend).
Kevin Harrison of the Community Development Department gave a recap of
the details of the partition request, the hearings schedule and process. He
explained that Commissioners Luke and DeWolf made site visits after the
conclusion of the final hearing and submitted their remarks into the record; the
applicant was then given an opportunity to respond. The record is now closed.
Commissioner Luke asked for a review of the County's position on allowing
partitioning of properties located off unimproved roads. Kevin Harrison
explained that as the policy now stands, before a division of land is allowed,
the road servicing the property needs to be found adequate to service the
property. Road standards are a sixty -foot right-of-way, with twenty feet
graveled or cindered.
Minutes of Board of Commissioners Meeting Page 1 of 7
December 29, 1999
Commissioner Luke then asked for an explanation of the $350 fee that is
earmarked for the County parks fund. Kevin Harrison answered that there are
County parks projects, such as those in La Pine. Commissioner DeWolf asked
if there is any requirement to use the funds in the same geographic area as the
property; Kevin Harrison answered there are no specifications in that regard in
the policy.
Chair Swearingen stated this is an issue that should be addressed this year, and
that a review of the allocation of these park funds should occur as soon as
possible. She further stated that it seems unfair to charge this fee only to those
partitioning property and not those involved in new construction.
Commissioner DeWolf advised that during his site visit, he drove on most of
the roads in that area and did not find any roads to be twenty feet wide. He
observed that Gribbling Road off Highway 20 was smooth, with no ruts; but
beyond that point the roads got worse, especially those areas that had been
previously graveled or cindered. He stated that it was clear to him that the
graveling does not help, and in fact appears to aggravate the washboarding
problem.
Commissioner DeWolf further stated that the road is not private and is in the
County system, but the County doesn't maintain it. He said it should never
have been accepted into the County road system, as now it has created a
"Catch-22" situation for the residents. Kevin Harrison replied that gravel or
cinders are meant to provide an all weather surface, free of big water puddles
and mud, but that these roads must be properly maintained for the roads to be
kept smooth.
Commissioner Luke stated that if rock were added each year, the roads would
stay in good shape; it doesn't go bad in one year. Commissioner DeWolf
indicated that he feels the County is justified in asking for the required width of
the road, but not the gravel.
Chair Swearingen stated that if the road is not maintained, it's a waste of
money; and that there is nothing in place to ensure the road is maintained after
the gravel is put on the road.
Commissioner DeWolf said that it would seem to make more sense to have the
money put into a fund dedicated to future improvements of the entire road,
rather than having each owner put out the funds for improving their small
portion of the road that will deteriorate within a couple of years.
Minutes of Board of Commissioners Meeting Page 2 of 7
December 29, 1999
Kevin Harrison answered that this is part of a much larger problem with
County roads; and that it needs to ' be part of a bigger picture, but they're not
there yet. Commissioner Luke said that trying to apply a County -wide standard
to small portions of a road is a problem, but that giving exceptions is also a
problem.
Commissioner DeWolf asked why the conditions applied to other property
owners in the area have not been enforced regarding the width of the roads, and
wondered why this owner should be conditioned to comply.
Larry Acuff, the property owner and applicant, stated that he had spoken with
representatives of the Road Department, who told him that the County would
maintain the road only if directed by the Board of Commissioners. Mr. Acuff
asked if the turn -around cul-de-sac could be cindered and the balance of the
road left as it is.
The Commissioners asked for the input of Tom Blust of the Road Department,
and recessed this decision until his arrival at the meeting.
3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was the Approval of Weekly Accounts Payable Vouchers in
the Amount of $880,895.98.
LUKE: I move approval of the weekly accounts payable vouchers.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE
DISTRICT
Before the Board was Approval of the Weekly Accounts Payable Vouchers for
9-1-1 County Service District in the Amount of $5,105.84.
LUKE: I move approval of the weekly 9-1-1 County Service District
accounts payable vouchers.
DEWOLF: Second.
Minutes of Board of Commissioners Meeting Page 3 of 7
December 29, 1999
VOTE: LUKE:
DEWOLF:
SWEARINGEN:
Aye.
Yes.
Chair votes aye.
5. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY
SERVICE DISTRICT
Before the Board was Approval of the Weekly Accounts Payable Vouchers for
4-H/Extension County Service District in the Amount of $558.32.
LUKE: I move approval of the weekly 4-H/Extension County Service
District accounts payable vouchers.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
Before the Board was the Consent Agenda. Chair Swearingen indicated that
item 14, Signature of Order No. 99-181, Voucher Refunds, had been pulled
from the Agenda for further review upon the request of Legal Counsel, leaving
items 6 through 13 on the Consent Agenda.
LUKE: I move approval of Consent Agenda Items 6 through 13.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
15. ADDITIONS TO THE AGENDA
CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY
COUNTY SERVICE DISTRICT (CONSTRUCTION)
Before the Board was the Approval of Weekly Accounts Payable Vouchers for
the Bend Library County Service District in the Amount of $1,883.00 toward
Construction Costs.
Minutes of Board of Commissioners Meeting Page 4 of 7
December 29, 1999
LUKE: I move approval of weekly accounts payable vouchers for the
Bend Library County Service District Construction.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
CITIZEN INPUT
Bob Shotwell, La Pine resident and employee of KICE Radio, discussed some
of his observations. He stated:
a) He feels confident that the La Pine incorporation issue on the next ballot
will pass.
b) KICE Radio expressed appreciation of the agenda format, showing
upcoming Board of Commissioners' meetings, as it helps them and other
media in their planning.
c) He expressed the general feeling of La Pine area residents that they need a
hospital in their area, and that St. Charles Medical Center is supportive of
the idea. Chair Swearingen responded that a regular hospital would
struggle to survive, noting the problems Central Oregon District Hospital
and the hospital serving Madras have had to break even. A general
discussion of an immediate care facility prior to transport to St. Charles
followed.
d) General discussion occurred regarding the campus facility to be developed
in La Pine, as well as the need for additional emergency access roads in the
La Pine area. Chair Swearingen stated that in 2000 FEMA will be
providing funding for such roads within Deschutes County.
CONTINUATION:
2. DECISION ON AN APPEAL OF HEARINGS OFFICER'S DECISION RE:
MP -99-11, A PARTITION OF A 20 -ACRE PARCEL INTO TWO 10 -ACRE
PARCELS IN AN RR -10 ZONE (GRIBBLING ROAD, BEND)
Minutes of Board of Commissioners Meeting Page 5 of 7
December 29, 1999
At this point, Tom Blust of the Road Department arrived, and a discussion of
Agenda Item #2 continued. Commissioner DeWolf reviewed the discussion
early in this meeting regarding graveling and maintenance, and reiterated his
earlier concerns and remarks.
Tom Blust stated that this is a policy question, and that it does not make sense
to maintain this road in its current condition. Commissioner DeWolf answered
that by forcing graveling, it seems to be a waste of money for this owner.
Commissioner Luke stated that the County should either stick to its policy or
get reading for more exceptions of this kind.
Commissioner DeWolf said that the situations need to be looked at
individually, and that it makes more sense to put this money into a fund for
future improvements to the entire road. Chair Swearingen stated that this is a
unique set of circumstances that may not apply to other areas.
Tom Blust indicated that the required depth of the gravel should last for a few
years, but that it may get washboard. He further said it may cut down on the
dust. He stated that it should probably be bladed six times a year; but that it
doesn't make sense for the County to drive out to that particular portion of the
road to do so. He asked how long it would take for adequate funds to be
collected.
Kevin Harrison said that per current County code, road standards are
mandatory; and that the applicant has not indicated he would not comply.
Commissioner DeWolf asked if the Ordinance can be revised; Deputy Legal
Counsel Bruce White answered that there is a process to changing code, and it
can be revisited to give discretionary power to the Board. Commissioner Luke
stated that discretion in land use laws often ends up in court. Chair Swearingen
said she would like to see this policy reviewed.
Tom Blust stated that dollars can be put in a road improvement fund in lieu of
improvements until it makes sense. Commissioner Luke said that the Road
Department should receive the flexibility to work out the road improvement
dollars in an agreement.
Legal Counsel Rick Isham stated that this might not work for situations where
the property owner may not want to hire a contractor. He said that the twenty -
foot cindered road is the lowest standard allowed, and believes there is case
law addressing this situation. He further indicated the law states both "will"
and "shall", and that it is unclear if the use of "will" gives the Board discretion.
Minutes of Board of Commissioners Meeting Page 6 of 7
December 29, 1999
Chair Swearingen stated that future property owners need to be made clear on
what is and isn't provided by the County prior to the purchase of their new
property.
DEWOLF: I move to approve the appeal of the Hearings Officer's
Decision re: MP -99-11, a Partition of a 20 -Acre Parcel
into Two 10 -Acre Parcels in an RR -10 Zone (Gribbling
Road, Bend), with all proposed conditions.
SWEARINGEN: I second.
VOTE: LUKE: No. He stated that he feels that the Hearings
Officer is correct, and that there is potential for
future problems, as the population will assume
the County is going to provide services in this
regard.
DEWOLF: I vote yes.
SWEARINGEN: Chair votes yes.
Chair Linda Swearingen adjourned the meeting at 11:10 a.m.
DATED this 29th day of December 1999 by the Deschutes County Board of
Commissioners.
Lind . Swearingen, Chair
Dennis R. Luke, Vice Chair
Attest
Tom DeWolf, &oAmissioner
Minutes of Board of Commissioners Meeting Page 7 of 7
December 29, 1999