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2002-1372-Minutes for Meeting December 09,2002 Recorded 12/12/2002COUNTY OFFICIAL �MARYHSUE SPENHOLLOW, COUNTYRCLERKS YJ 200201372 COMMISSIONERS' JOURNAL 12/12/2002 08;29;43 AM 11111[ 11111 � 111111111111111 2 137 3 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 9, 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Tom Blust and Gary Judd, Road Department; Greg Canfield and Lori Hill, Mental Health Department; Dan Peddycord and Lori Hill, Health Department; and George Read, Christy Morgan, Kevin Harrison and Catharine Morrow, Community Development Department. Also in attendance were Rick Isham, Legal Counsel; Timm Schimke, Solid Waste Department; David Givans and Anna Johnson, Commissioners' Officer; media representatives Mike Cronin of the Bulletin and Barney Lerten of bend com; and no other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-152, Establishing all of Imperial Avenue and 76th Street, and a Portion of 78th Street and Gift Avenue, as part of the Gift Road Local Improvement District. Gary Judd gave a brief overview of this item, and said that the cost came in at 18% below the estimate. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 1 of 9 Pages This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 3. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-153, Accepting Road Improvements, the Engineer's Assessment Report and Setting a Hearing on the Final Assessment Amount for the Improvements in the Mountainview Local Improvement District. The date of the hearing was set at January 8, 2003. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 4. Before the Board was a Discussion and Consideration of Signature of a Residential Rental Agreement for Clients involved in the County's Transitional Housing Program. . Greg Canfield and Lori Hill explained that this is a month-to-month rental agreement to house Liberty House clients. The current Liberty House structure will be moved soon in order to start work on the new County/State building. Commissioner DeWolf said that the $500 per month rent is not reflected on the agenda request. Greg Canfield said that the rent is temporary, and the maximum is six months on the lease. Mike Maier added that this is an interim arrangement, and the Board had already authorized $1,800 for transitional costs. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 5. Before the Board was a Discussion and Consideration of Signature of an Agreement between Deschutes County, Portland Community College Institute for Health Professionals, Cascade Health Services, Inc., and Central Oregon Community Hospital for Co-sponsorship for Educational Services (Healthcare Interpreter Training Program - through December 2003). Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 2 of 9 Pages Dan Peddycord explained that this is a clinical affiliation agreement, with students training at the Health Department. This relates to the interpreter program, and is a transfer of funds. This item was placed on the Consent Agenda for the Wednesday, December I1 meeting. 6. Before the Board was a Discussion and Consideration of Signature of Oregon Health Division Grant Revision No. 6 for Fiscal Year 2002-03, Awarding Additional Funding. Dan Peddycord said that this relates to the breakdown of additional funds received. The funds are solid this fiscal year, and no FTE's are associated with it. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. In an additional discussion, .Mr. Peddycord said that Healthy Start employees would like to operate on Fridays. They operate with separate funds. He would have to close Community Care to do this, or allow Healthy Start .to be the only one open on Fridays, except for the 24-hour disease hotline. Healthy Start requires the building to be open, and serves about 25 to 30 clients per day. He said they are trying hard not to decrease clinic activities for clients. He added that the Healthy Start team stayed open on Fridays the last time the County was forced to shorten hours. He said it is a real dilemma, having to close a program in order to keep another open. Commissioner Luke explained that is causes confusion when others who show up that day have to be turned away. Mr. Peddycord said that would only be true for people who walk in without appointments. Commissioner DeWolf asked that Mr. Peddycord and Mike Maier get together to come up with a proposal under which to operate. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 3 of 9 Pages 7. Before the Board was a Discussion and Consideration of Second Readings (Scheduled for Wednesday, December 11) and Adoption of Ordinance No. 2002-126 and Ordinance No. 2002-127, regarding Amendments to the Comprehensive Plan Policies and Zoning Regulations regarding Rural Industrial Zones for the Various Sites. This item is scheduled for the Wednesday, December 11 Board meeting. 8. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-149, Declaring the Result of the November 5, 2002, Election on the Measure Referencing Ordinance No. 2002-031, Adopting 2.10, Providing for the Appointment of the County Surveyor. Chair DeWolf noted that all but three precincts voted in favor of this Measure. Rick Isham said that this declares the results of election, and that the measure passed, and it takes effect at the end of the current term, and provides the Board of Commissioners the authority to appoint the Surveyor. It is effective the first Monday of January 2005. Commissioner Luke asked that if the Surveyor decides to leave officer before his term is up, does the Board appoint someone at that point. Mr. Isham said.the Board would fill the vacancy for the balance of the term, pursuant to State law. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 9. Before the Board was a Discussion and Consideration of Signature of Deschutes County General Policy No. 2002-096, Adopting a Revised Policy Regarding Travel, Meal and Miscellaneous Expense Reimbursement. This item is scheduled for the Wednesday, December 11 Board meeting. 10. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-103, Transferring Appropriations within Various Funds of the Deschutes County Budget for Fiscal Year 2002-03, and Directing Entries. This item was placed on the Consent Agenda for the Wednesday, December I1 meeting. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 4 of 9 Pages 11. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-106, Transferring Appropriations within Various Funds of the Juvenile Community Justice Budget for Fiscal Year 2002-03, and Directing Entries. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 12. Before the Board was a Discussion and Consideration of Signature of Resolution No 2002-107, Establishing an Imprest Checking Account for the Mental Health Department. Rick Isham clarified that the original, combined account will be left at the Health Department, but will be reduced to. $1,000. This sets up a separate account for Mental Health in the amount of $1,000. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. 13. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-108, Establishing Petty Cash Accounts for the Community Support Services Satellite Location and Emma's Place Satellite Location. This item was placed on the Consent Agenda for the Wednesday, December I 1 meeting. 14. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-150, Transferring Cash among Various Funds, as Budgeted in the Deschutes County Budget for Fiscal Year 2002-03, and Directing Entries. This item was placed on the Consent Agenda for the Wednesday, December 11 meeting. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 5 of 9 Pages 15. Before the Board were Additions to the Agenda. A. Before the Board was a Discussion of Two Appeals of the Hearings Officer's Decision to Approve Minor Partition No. MP -02-12, to Divide an Approximate 482 -Acre Parcel in the Forest Use Zone into Three Parcels (File No. A-02-10, Thomas; and A-02-11, Sisters Forest Planning Committee). Mike Daly asked if he could do a site visit of the property; Catharine Tilton indicated that would be okay, or it could take place during the week of the 16th after the hearing. Ms. Tilton went over some of the issues of the appeals. There are two appellants. The applicant is arguing two points on constitutional issues, regarding road improvements that are required by the Hearings Officer. She has indicated they would need to improve the road all the way from the property to Skyliners Road, about 5.5 miles. They consider that to be a taking that the impact of three -lot partition does not merit. They believe they aren't being treated fairly, and that these are constitutional issues. Chair DeWolf said that the main issue is they don't want to improve the road. Ms. Tilton confirmed. She said that the members of the Sisters group - the other appellants - have a lot of issues regarding how the Hearings officer read and interpreted the Code. When the Board reviews the appeal, it comes down to partitions in the forest zone. This is a large tract, and only 240 acres is needed for a dwelling. There aren't a lot of criteria that needs to be met, but one requirement is snow plowing of the road. Commissioner Luke asked if there are any other access points. Ms. Tilton replied that there are no development proposals, but there are some areas that may have existing roads. The house does require a conditional use permit. Commissioner DeWolf asked if the terrain is a problem. Ms. Tilton said that there would be access from Skyliners Road, and the main access would probably be off Johnson Market Road and Bull Springs Road, which is a private road. Code requires direct access off a public road except for provisions to have partitions off a forest service road and BLM roads. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 6 of 9 Pages The Code is ambiguous as to whether frontage is needed and if access is needed for all parcels. It's a question as to whether the easement should be considered to be a permanent, legal access. The Hearings Officer determined that the U.S. Forest Service roads could be permanent. The applicant proposed access to lots B and C that don't have direct access or frontage off the U.S. Forest Service road. It would be creating a private easement to other parcels that don't have frontage. The question is, do we want partitions in a forest zone to have easements? The Hearings Officer alluded to this in her decision, that it doesn't always provide permanent, legal access. The bigger question is whether they should provide each parcel with permanent, legal access. At this time, the Commissioners referred to an oversize map of the area. Commissioner DeWolf asked for a legal interpretation from staff on how solid an easement is. Ms. Tilton said that Mr. Dewey and that group of appellants are concerned about access without permanent access. The second question for the Board on a broader scale is what types of road conditions should be allowed. Minimum road standards are twenty feet wide with five inches of aggregate. The applicants disagree with having to make that kind of a road improvement; and there is nothing specific in the Code in regard to U.S. Forest Service roads. If the Board considers adopting the Hearings Officer's decision, it could adopt the Hearings Officer's decision realizing there are loopholes in the Code. The Board could also interpret the Code as it feels it should be and come out with its own ideas. If the Board believes the Hearings Officer's interpretation is in error, the Board can make its own findings based on what Code now says. If the Code is missing language, in order for it to become clearer, the Board can give direction to change it through a later text amendment. In short, the constitutionality of road access and frontage are the issues. Mr. Dewey doesn't want to see this kind of partition in the forest use zone at all. A variance is not allowed in terms of access. Language in the Code creates the ambiguity for the Hearings Officer and the County. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 7 of 9 Pages She explained that the requirements would be that all access points to the property be improved, including the U.S. Forest Service road and Bull Springs Road; and also to be considered is a proposed easement from parcel A to parcels B and C. Commissioner DeWolf asked, why not dedicate a road to the other two parcels? Ms. Tilton replied that they didn't propose a dedication. It seems that a dedicated road would have to connect with a public road, and maybe the U.S. Forest Service isn't a public road; Bull Springs Road is private. The question is, how much do we improve a U.S. Forest Service road? Issues are emergency access, as we want to make sure access is available for emergency vehicles and passengers. Even if they just put in one house, roads have to be improved to provide emergency access. Commissioner Luke stated that for the record, he built a home for the applicant's father. However, he does not feel this creates bias in any way. This appeal is scheduled to be heard on ,Tuesday, December 10, beginning at 3: 00 p. m. B. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-109, Establishing a Checking Account for Accepting Donations for the Save the Horses Fund. Laurie Craghead explained that this ratifies the creation of this fund, which has already occurred. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, December 9, 2002 Page 8 of 9 Pages Being no further items brought before the Board, the meeting adjourned at 11:10 a.m. DATED this 9th Day of December 2002 for the Deschutes County Board of Commissioners. ATTEST: Sbow� 6�it Recording Secretary Minutes of Board of Commissioners' Work Session Page 9 of 9 Pages Tom DeWolf, Chair nnis R. Luke, Commissioner V,O i ael M. Day, Co missioner Monday, December 9, 2002