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2012-1775-Minutes for Meeting August 22,2012 Recorded 9/4/2012COUNTY NANCYUBLANKENSHIP,FCOUNTY CLERKOS COMMISSIONERS' JOURNAL 09/04/2012 08:41:27 AM 111111111111111111111111111111 2112-1775 Do not remove this page from original document. Deschutes County Clerk Certificate Page L C < Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org; MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 22, 2012 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Interim County Administrator; Chris Doty and George Kolb, Road Department; Lt. Brook Van der Zweip and Darryl Nakahira, Sheriff's Office; Theresa Rozic, Property & Facilities; Nancy Blankenship, County Clerk; Scott Johnson, Health Services; and four other citizens. No representatives of the media were in attendance. Chair DeBone opened the meeting at 10: 03 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Craig Sheets from Orange County, California, who has been traveling around the west, is working towards cleaning up water sources contaminated by the production of meth. (He referred to a handout at this time, attached.) Citizen William Kuhn stated that he has a means for the County to set up a process and procedure to help resolve his situation. He would like to speak with the Commissioners individually and hopes they will respond. He also invited them to his property to look around. He is filing another Code violation complaint against the Dowells regarding the transient lodging tax. In the Tumalo Winter Deer Range, it is a violation of Code if there are activities having to do with timeshares or temporary lodging. People are coming in and out of the Dowell's driveway all the time. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 1 of 9 One issue that is the most important to him, that he said he is trying to beat into the heads of the Commissioners, is that there is no homeowners' agreement as required. There is a difference of opinion as to who is allowed on the jointly owned parcel. The Dowell's attorney said that they and their guests can be on that property anytime they want. He feels the Dowells must pay the Kuhns a portion of the rent when the renters are using the third parcel. Otherwise the Kuhns will start harassing them with paper and notices from the Sheriff and others. However, they are renting out the property again, he feels illegally. He thinks that what is going on is essentially wrong. A note from 2007 is still on the DIAL system on the Dowell property, an unresolved Code enforcement issue that should have been resolved by this time. There has been a roof deck constructed with no railing. There were chairs up there at one point, and parties held there. The complaint in 2007 had to do with bringing mattresses to the property and setting bonfires. The Dowells do not regulate their renters. It is a hazard. There were Code violation complaints in 2001 regarding lighting that was left on 24 hours a day. Community Development checked them and they were found to be pointing down, so were considered legal. This is harassment. A simple letter needs to be sent out even if there is no Code violation and even if it is legal, stating that this is not right. This disrupts the wildlife. He complained about flashing Christmas lights as well. He wants help removing this problem. The addition was found to be illegal but the room is still there. The Dowells need to be told to remove it. He asked what is the matter with the County. He will be filing another Code violation complaint about the man who cut down trees and did not water others, letting them die. 3. Before the Board was the Reading of a Proclamation Declaring the First Week of September as EAT LOCAL! Week and September 6 as Dine Fresh, Dine Local Day in Deschutes County. Katrina Van Dis and Tamara Geiger of the Central Oregon Food Policy Council explained that this is a newly formed group, an outcome of a food summit put on two years ago put on by various groups. This is meant to increase access to local food products and economic development for the providers. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 2 of 9 It will mean new marketplaces and opportunities for providers and consumers. They will go to other counties and present this information as well. Commissioner Unger feels they are doing important work. He is Chair of COIC and they support these activities. They are looking at commercial kitchens and other potential barriers to helping local farmers and ranchers. Commissioner Baney asked if there are others doing similar work. Ms. VD said they work with the others, who are members of the Buy Fresh, Buy Local campaign. Regarding project work, they are working with others to find where any overlaps are and how they can work together to provide proper access and deal with the low-income piece. Commissioner Unger asked about the $300M Ford grant. Ms. VD said COIC is funding part of their work through this grant. One is to establish the campaign, which will be overseen by COIC for three years. It looks at distribution systems and the development of transportation options, commercial systems, and value added products for off-season. Farm share subsidies. Chair DeBone said a lot of citizens went to the Farm Fair in La Pine, which ties into this as well. There are some very productive greenhouses in that area. Ms. VD said they hope to support that part of the County more in the future. Chair DeBone read the Proclamation at this time. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 4. Before the Board was Consideration of Signature of Document No. 2012- 090, a Services Agreement for Food and Commissary Services for Inmates at the Jail and Juvenile Detention Facility. Lt. Brook Van der Zweip and Darryl Nakahira came before the Board, and gave an overview of the item. The notice of intent was agreed upon but there were a few delays in getting the final document. Commissioner Baney pointed out that this means a cost savings for this year. Lt. Van der Zweip said that the costs are down per inmate because there are more of them, and it is more cost-effective per person with higher numbers. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 3 of 9 BANEY: Move approval. LINGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 5. Before the Board was Consideration of Signature of Resolution No. 2012- 104, Approving the Acquisition of Temporary Construction Easements on Skyliners Road. George Kolb gave an overview of the issue. Construction affects some private driveways and crews will have to access property to get the work done. This is not the same as purchasing rights-of-way, but allows the County to build the driveways to match the road. They are being offered compensation as well. Commissioner Unger asked why they are offering money in this case. Mr. Kolb said it is a federal requirement since the funding is federal. It will be the same contractor who constructs the road. The costs have been estimated and it is in the best interest of the property owners to have their driveways properly connecting to the road. LINGER: Move approval. BANEY: Second. VOTE: BANEY: Yes. LINGER: Yes. DEBONE: Chair votes yes. 6. Before the Board was Consideration of Signature of Resolution No. 2012- 102, Establishing a No-Parking Zone on the Frontage Road between Deerfield Drive and Burgess Road, La Pine. Mr. Kolb indicated that the Road Department was approached by residents regarding this situation. The frontage road was developed to avoid direct access to Burgess. Now people are setting up temporary marketplaces, trash is accumulating, and this activity is detrimental to the road edges. The people who live there are being inconvenienced. A no parking zone has to be established for the Sheriff to do anything. This is a County-maintained frontage road. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 4 of 9 UNGER Move approval. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 7. Before the Board was Consideration of Chair Signature of Document No. 2012-383, an Amendment to the Oregon Health Authority Intergovernmental Agreement regarding Mental Health Services. Scott Johnson stated that the County receives funding from the Oregon Health Authority for crisis services and for treatment of individuals who are under- insured or not insured. The full amount of the contract is over $9 million, and covers two years. This agreement amends the agreement and relates to about a third of the amount. As is happening with the CCO, they are reducing the number of grant streams. This bundles several different programs for mental health services. It is part of the policy shift being made, and gives providers more flexibility as to determining where the greater needs are. It will not materially affect services this year. Commissioner Unger asked if the amount is a targeted amount and how this is billed. Mr. Johnson said they receive an allotment every month and typically are not billed but are prepaid. They document the service delivery at the regular rate. There is a group at the Health Authority working on the matrix regarding reporting. It is all tracked anyway by the provider. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 8. Before the Board was Consideration of Signature of Document No. 2012- 408, an Agreement with St. Charles Health System regarding Operation of the Sage View Facility. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 5 of 9 Mr. Johnson stated they have several business relationships with St. Charles, including Sage View where mental crisis care is given. It is meant to serve the uninsured. Acute psychiatric care is provided for generally five to seven days until the crisis is over. Also provided is help for those who are post- commitment who might have to stay longer based on medical necessity. The facility and funds can serve anyone in Central or Eastern Oregon. Commissioner Baney asked if this is handled by reimbursement. Mr. Johnson stated they will serve all who need help. It is possible some of the post- commitment amount might be diverted for other purposes as is appropriate. LINGER: Move approval. BANEY: Second. VOTE: UNGER Yes. BANEY: Yes. DEBONE: Chair votes yes. 9. Before the Board was Consideration of Signature of Order No. 2012-024, Designating Certain Real Property as County Parks. Teresa Rozic explained that this Order designates about three acres of land as Parks. It is adjacent to the Little Deschutes River, all lies within the local wetlands map and won't be developed, but would serve to provide access to the River and a natural setting. There is no requirement for notification of the designation. There will be notice provided if the property is conveyed to the La Pine Park & Recreation District, as they have requested, since it will complement property already owned by the District. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. UNGER: Second. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 6 of 9 VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Consent Agenda Items 10. Chair Signature of Document No. 2012-512, an Amendment to the Clean Harbors Environmental Services Agreement regarding the Household Hazardous Waste Management Program 11. Signature of Resolution No. 2012-053, Declaring Certain Personal Property Surplus and Directing Disposition (Clerk's Office) 12. Signature of Resolution No. 2012-105, Transferring Appropriations in the Adult Parole & Probation Fund 13. Signature of Resolution No. 2012-106, Transferring Appropriations in the Behavioral Health Fund 14. Signature of Resolution No. 2012-107, Transferring Appropriations in the Public Health Fund (Nurse - Health) 15. Signature of Resolution No. 2012-108, Transferring Appropriations in the Public Health Fund (Nurse - Communicable Disease Program) 16. Signature of Resolution No. 2012-109, Transferring Appropriations in the Non- Departmental Category, General Fund 17. Signature of Resolution No. 2012-110, Transfer Appropriations in the Sheriff's Office Fund 18. Signature of Letters regarding the Deschutes County Audit Committee,: Accepting the Resignation of Tom Anderson, and Thanking him for his Service; and Appointing Dan Despotopulos through June 30, 2014 19. Approval of Minutes: • Board Meetings of August 6 and 8, 2012 • Work Sessions of August 6 and 8, 2012 • Minutes of Road Study Group Meeting of July 31, 2012 • Minutes of Meeting regarding FEMA Grants, August 3, 1012 Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 7 of 9 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 20. Before the Board was Consideration of Signature of Document No. 2012- 529, an Intergovernmental Agreement with the State of Oregon regarding the Disposal of Surplus Property. Erik Kropp gave a brief overview of the item. If Sunriver deems they have surplus property, they would contract with the State to dispose of the property. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. LINGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $17,357.92 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-11 COUNTY SERVICE DISTRICT 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $2,551.69 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 8 of 9 VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 23. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,807,609.26 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 24. ADDITIONS TO THE AGENDA None was offered. Being no further items discussed, the meeting was adjourned at 10:55 a.m. DATED this y Day of 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair aLf, LL~ Alan Unger, Vice Chair ATTEST:- ti ~e Tammy Baney, Commi Toner Recording Secretary Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 9 of 9 olES`~G { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest Date Q s(~,~ f 4 Name eAt, Address 1 r- Phone #s - Z` 1 Q E-mail address El In Favor 0 Neutral Undecided Opposed Submitting written documents as part of testimony? Yes No BOARD OF COMMISSIONERS' MEETING o c REQUEST TO SPEAK Agenda Item of Interest Date Z©i z dTz 2 Name Wt I ( t a...,~.. }w " Address Phone #s E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes F] No Document Reproduces Poorly (Archived) ~ :curnient Reproduces Poorly (Archived) 14`4"W } LUATENBURG ACT TITLE 18 SECTIONS 921 922 NO VIDICATED PAROLLED SUBJECT ALLOWED TO BRANDISH PROJECTILE WEAPOINS NOR IS ANY PROJECTILE WEAPON ALLOWED TO DRAWN ON MAN KIND EVER AK 47 MOCKING KING ARTHUR AR 15 MOCKING BOTH KING ARTHUR AND KING RICHARD HIGH ABOVE bor,u Brit Reproduces Poorly (Archived) S 1+h ' LO P ,lot a e { 1 r O as ~ " s q. n„,.. ,f.w~.Yn IT E Document Reprock.,ces Poorly U 1'1`DUPLP. TARGET TRAC =POLICE INFRA RED LANCING MURDERING EYES CASTI=NG RADIOACTIVE BIa TOXINS ON FOOD FEDERAL TITLE 18 SECTIONS 1 I.1 I THRI.7 11,17 W.IRDER CHARGES=POISON C STED ON FOOD h W h wit ~O E vZ "fto N c 0 V c 0 v 4 Z t zt v DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue, Bend, OR 97701 Telephone (541)388-6675, Fax (641)385-1764 CODE ENFORCEMENT COMPLAINT FORM Instructions: In order for you complaint to be accepted, you must fill in all questions gompletely and ssn Qn the tack of this form. It is important that you supply as much detail as possible. If you have any questions, call code enforcement at 541-385-1707. Date: 2012 08 2 z Address of Violation(s): 655y City: ,l~Se A& Nearest Cross Street: 5waa? Cyeee Subdivision: Residents Name: v CS1101 Owner of Property: Je Address: City: , CL 5 51seyvaa2 State: 0 i2 Zip: State: Phone: ituracr,od Zip: 01 Details of Complaint (be specific): US t~'- U r 5T jZ Ue- T- to 2z (0'r- Continue on reverse side CE Complaint Form Rev. 04111 page 11 Id c o GCS 4 - O S , f QAAS, J E #~T t vu. -r.4 Ae ARE THERE ANY KNOWN OR SUSPECTED HAZARDS AT THIS LOCATION? IE: Dangerous or unstable residents, dogs, criminal activity, etc. ( ) YES ( ) NO (X) UNKNOWN If yes, please identify the hazard in detail: -1~e se Wow C~v► -f'a UAe 1-r~ C(sam An r n 4 e G►S n Jroa.rn%%An ec !....low The top portion of this side is required and must be completed. Complainant: (Your Name) Name: Address: City: Daytime hone V~ State: Zip: `11-709.97p6 Can violation be seen from the road? (k) Yes ( ) No If not, what is the best inspection point? Is the Complainant a neighbor? ( Yes ( ) No The complainant gives the Code Enforcement Technician permission to use their property for viewing the violation: (X) Yes ( ) No If not, why: Will you, the complainant, testify in court, should the need arise? Yes ( ) No (Note: your complaint may not be accepted without your being available to testify.) If you have photos, or other related information, that can be used as evidence of this violation, please submit them with this form. The submitted documentation will not be returned and will become part of the complaint file. By signing below, 1 declare, under penalty of perjury, that all information submitted on and with this form is true and accurate to the best of my knowledge. COMPLAINAN o 12 2Z. DATE Thank you for assisting in making Deschutes County a better place to live. Your Code Enforcement Staff *********xxxxwxxxxxxxww*~rww****wxx*****#******,r*****#f*****xwx,rwrr*w#*#w*x***+rwwxxwwxxx*x*w*##**i*+►r*x#*w*wxww,rr*#** wwxxxwwwwww******wxxwxe#,tw#tt+R~txrF***A*x/rkxwxwx*wY~#*****##*******#ww*xwwwwx**#****x*,r*#*+t~Fww*xxwxwwk+F#i~rxf w,r,t*wx* FOR OFFICE USE ONLY Subdivision; Lot: Block: UE CornplaMt Form Rev 04111 Page J 2 When we asked the Dowells why so many different people are spending the night, the Dowells told us it is none of our business who uses their structure or how they use it. That's why we are again filing code violations. Specific and other possible violations, also the rationale for the complaint: • WC 18.88.040. Uses permitted conditionally. B. The following uses are not permitted in that portion of the WA Zone designated as deer winter ranges 5. Bed and breakfast inn; . S. Timeshare unit This is a WA zone and a designated winter deer range. Extra traffic on Sisemore Road is a wildlife use issue. • Chapter 4.08. TRANSIENT ROOM TAX • ORS beginning at 320.300 TRANSIENT LODGING TAXES • ORS 105.820 because rents may be being paid to the Dowells, and because there is still no homeowners' agreement under state statute we are entitled to a portion of the rent. • Building Safety Codes R309.1 and R310.1. The room in the garage is being used as a bedroom. There is still an open complaint from 2007 regarding this violation. Please see the 28 June 2007 printout of Deschutes County DIAL Search for the Dowell property showing the NOTICE regarding "unresolved Code Enforcement violations on this property." Please answer why this building safety issue is still not resolved? Why doesn't the County require the removal of the two illegally constructed walls and resealing the wall between the garage and the living space? • Building permit 8-65731 was ruled null and void by the Board of County Commissioners. WHY is the room still in the garage? OF SPECIAL NOTE: IF the Dowells are NOT renting out their structure as a short term transient, or bed and breakfast, or timeshare and they are allowing multiple people to simply use their structure for one, two, three, and as many as six nights without charging them for the use of their property, because we have no homeowners' agreement and no straight forward way to enforce our cluster's deed restrictions, we have to continually monitor illegal activities on their property and continually file code violation complaints. This costs us. This is wrong. This situation is illegal. The County is responsible as much as the Dowells. The County needs to MAKE THIS RIGHT. Make this right for the Dowells, and make this right for the Kuhns. NOW. C:\Docs\prop65575\Dowell\Legals & Decisions Court & County\CodeViolationComplaints\20120822 Transient Use\20120822 Code Violation complaint against Dowell regarding transients.doc page 3&4 8/22/2012 8:58:44 AM Code Violation complaint against Dowell regarding transient tax The Dowells do not live on this property. The Dowells have never lived in their 425 sq ft structure. The Dowells have rented out their property beginning in 1996 when they allowed a 5th wheeler to be parked on the property which was hooked up to the septic system WITHOUT a hookup permit. Between 1997 and 2007 there were a string of eleven renters. The second renter was there for four years. If you work the math that means the other ten renters were there on average about eight months each. In 2006-2007 after their last renter started bringing mattresses, yard debris, and housing demolition illegally to the Dowell property, he would set huge bon-f ices which would last as long as 12 hours. The renter would sometimes leave the property while these f ires were burning. The Dowells do not have a well; they only have a cistern which is filled on demand by a water truck. During the past year the only time the Dowells have been at their structure was the 20-24th of June 2012. During the past three months, these vehicles have been at the Dowell structure overnight at least one night, some multiple nights, sometimes returning periodically: • Honda silver-brown sedan OR CK37700, • Hyundai white suv OR 8640FQ, • Toyota Tundra bronze truck OR ZCT608, • Mercedes white sedan OR 124FCT, • red OR 1920JF. • Jeep silver grey 4x4 OR 001FXM, • Chevy Pickup black OR WFB360 with trailer and boat • Toyota red WA A664785 • VW bug blue OR 560ELG, This is possibly still owned by the Dowells On or about the 11th of June four vehicles were present, one in the garage, three in the drive. All four vehicles were also there in the same place in the morning. On the 7th of August four vehicles were present one in the garage, three in the drive. There were still three vehicles the next morning. C:\Docs\prop65575\Dowell\Legals & Decisions Court & County\CodeViolationComplaints\20120822 Transient Use\20120822 Code Violation complaint against Dowell regarding transients.doc page 3&4 8/22/2012 8.58.44 AM 0 0 William John Kuhn Martha Leigh Kuhn PO Box 5996 Bend, Oregon 97708-5996 Wednesday 15 January 1997 Dennis Perkins, Director Deschutes County Building Department Administration Bldg. Bend, Oregon 97701 Regarding B34821 at 65595 Sisemore Road. Dear Dennis, Phone: (541) 389-3676 w 541 388 6576 1516 ~,,8f9 3Atd 1997 RFCEIVED moumsED A In 1988 when we submitted our plans to the county we were asked to provide a copy of the Home-owners Maintenance Agreement on the common property (tax lot 300) owned-by us and our neighbors. The request was made by Mark Shipman, Assistant Planner under Craig J. Smith, Planning Director before the county would proceed with any permits. A copy of the county's request is attached. In 1990 the Dowell's purchased their building site and their half of the jointly owned land. Please note that the Dowell's purchase agreement does not cover the provisions required by the original CU-84-22 dated 3 April 1980 and signed by Myer Avedovech, Hearings Officer. When the Dowell's applied for their permits, did they provide you with a copy of the Home- owners Maintenance Agreement? If the county does have this agreement on file then we would like a copy of the agreement that was submitted. Presumably our names are on it and we should be able to have a copy of something we signed. (Why would the county require us to submit a copy and not require the Dowell's to submit a copy?) If you do not have.a copy of their Agreement are you the county using the agreement that was submitted by us in 1988. If you are then we would like to have a copy of that agreement and a letter from you that says you are using that document even though it does not have the Dowell's signature on it. If there is no agreement on record we ask that you not proceed with any current permits, and we ask that you not approve any further permits until you have received a copy of a Home-owners Maintenance Agreement signed by both the Dowell's and us. Sincerely, g6k44 /,Vv, a4 William John Kuhn WJKAk c:4taesClettrldin._97 ].doe us we had to file a WE DID. The County could have acted prior to the final The County DID NOT ACT. A-07-9 Document # T T Dennis Perkins re No JOA Jan T997 PUZ 1 O 1 9701 U 07:41 :.J r 21-lUb/A11/1 [/WED U::33 FM FRANG1S AND MAX'fiN Fax No, 541382 UU F. UU21UU1 Januaxy S, 2006 ■ GERALD A. MARTIN o t-0.6, 1 FRANCIS HANSEN & MARTIN LLF 1148 NW HILL ST JAN 0 6 2666 REND OR 97701 J Ra R. 9rynit Robert 5. l,OVWM RE: William and Martha Kuhn v. Jeff and Party Dowell iyax, r Dear Jerry: Sharon R. Smfth r° q, art Your letter dated January 4, 2006 is puzzling. Your clients lost on the 400' set G G. . a a de ~ ~ back issue. You state that "You recall that the County's offered excuse for not L 1. ande saa P. M e lz i(Axi c. ForA cnfmcing the 400' wAximum setback was the fact that the plat had not been Paul J. Taylor recorded." Apparently, you believe that now that the plat is recorded, the Chrw"her,A. Bagley Dowells' home violates a setback requirement. That is not what I "recall", I jen=yM. Green recall the county providing several different reasons why it disagreed with you and your clients. In any event, the decision was ultimately decided by the Court of Appeals in favor of the Dowells. The filing of the plat does nothing to change ]BEND the effect of that ruling. 591 S.W. Mill View Way MaM P.O. Box 1151 The Second paragraph of your letter suggests that your clients feel they have a Bextd, Qragm 9M9 greater ownership interest in the jointly owned property than the Dowells. Your Phone: (541) 3U-4My statement that the Dowells, have "abused the j olntly held property" by allowing (5541) 3983U6 tenants who are living on their property to visit the jointly held property is ridiculous. The jointly owned property is not your.clieat's personal ldngdom. Obviously, the Dowells, their renters and their guests are entitled to and will use WWWwSULAWYER&COM the jointly owned property in Gonf'oa mace with the CC.&Rs. ORS. 105; 890 Your Objection to the Motion for Reconsideration states that your clients do not • ° " want to. litigate feather, At the same time, they refuse to agree to the provisions ` ordered by Judge Adler and now they have idso iifukd to submit thta matter to an right'-to & independent third party arbitrator to decide what provisions acre,oppropnate fear the ~Ll it i0 JH&KA. Ths threat of "future litigetioe against: the Dowells on an issue which could easily be resolved while.complaining..w the court that yoiir clients don't the rot. A , , watit to litigate fluther once again evidences their unwillingness or inability to be Homooli wsJ rational or reasonable. They foolishly continue to waste money without improvins their interests- On the rantrary, the passage of time and additional A9f*0#U40f*' M: litigation has only decreased the likelihood that your clients will ever obtain a &w W,m: satisfactory result. This is unfortunate for everyone. Siw~cerel~r~I MARK G. REINECKE MGR:bjd EuelosWe pc: W. & Mars. Doweaj rmjkTA,vok1 Emden WXNC ,=¢r=vov-11 P14"44WuR 004%91e7-004.o31_au„ Deschutes County Government, Oregon - DIAL Search Results Standard http://Www.co.deschutes.or.us/index.cfm?objectid~65F1110A-BDBD-... Enhancing the lives of citizens by delivering quality services in a cost-effective manner nr.-ri Deschutes County help I site map ( location I contact us I En espaRol LIVING HERE BUSINESS VISITING GOVERNMENT ESERVICES 1 Living In Deschutes County: Comprehensive information for residents of Deschutes County. 1 You are here: Government s Departments b Assessor's Office s DIAL Search Results Standard DISCLAIMER AND LIMITATION OF LIABILITY Information on the Deschutes County Computer is not guaranteed to be accurate and may contain errors and omissions. Deschutes County provides NO WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION. Original records may differ from computer entries. If reliance upon computer record is intended, verification of information on source documents is required. User expressly acknowledges and agrees that the use of any information appearing on the Deschutes County Computer is at User's sole risk. Deschutes County shall not be liable for any direct, indirect, incidental, or consequential damages caused by mistakes, omissions, deletions, errors, defects, in any information, or any failure or delays in receiving information. The following property tax assessment data is updated nightly. Account: 163466 Map/TL: R 2-006 161119 00 00100 * * * Ownership Information ONLY DOWELL,PAT DOWELL,JEFF 10705 NE 38TH AVE VANCOUVER WA 98 68 6 Site Address: 65595 SISEMORE RD BEND 97701 Assessor Property Description Lot: Block: .x erexi"awan' unretsalvedxcode xEnforcement violation on**}** this*pr**opert**y*x * NOTICE. Th * ll.Commiunity Development Code Enforcement at 541-385-1707 for more info. ~***Q-k *-!!'lff irx■xx xxx+ xix4*xx */e Ali AiY*-.F 'k ?xxxF*"~F "x"xx w%ew *i`**xxxxxT+xxxxxx*:::x y: Prop C1s:461 MA:6 VA:18 NH 000 Vol-Page:1989-1930075 Asmt Zone:F CDD Zone:WA (WILDLIFE AREA COMBINING ZONE) " :LM (LANDSCAPE MANAGEMENT COMBINING ZONE) " :F2 (FOREST USE) Land Values Asmt type Acres RURAL LOT 4.30 SD *Total 4.30 Improvement Values F B BL T %GD 141 1995 100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Room Grid for 141 Total 5gFt: 424 - R O o M 5 - - - - - - - LR K DR FAM BD BATH OTH FP UTL Sq Ft: 424 1st F1 1 576 Garage Special Assessments Code Amount Acres DEPT OF FORESTRY FIRE 1 18.00 4.30 DEPT OF FORESTRY SURCH F 38.00 ***Total*** 56.00 4.30 1 of 9 06/28/2007 1010 AM t y_ t A a.. y ~ r ~M1 Is this a roof or a deck? C:\Doc,\prop65575\Dowe IACodeViolationa13uiIding\CodeEn orcementComplaintForml?oweII-doc page 8 05/03/2007 10:14:00 PM ~ ~rvga ~4~ ~ ~.14 H 1r r (_:\L)oc:~\pmp6.5575\I)nwell\(_'o~_leViolatiunsF3uilcling'~CodeJ=.nCorcarueni("nrnplainth'ormllowe,ILdoc pg.ge9 05/03/2007 1.014.00 PM of i J A 1 i I' t ~ A t 8 ' I)ocs pr op65575',Dowc11,Codeviolalio dti IdIdill p,Code-EnAnoementCuniplainYFofmDow'ell.doc 'l pagc 10 05/03/2007 I0 :14 :00 PM 1 1 Y a!;A - p N ~)~f Q 1 "r -j AL-2 1 N r 's GL Sknj*~ r= 3 Too- x r l DzptzAl 3),r ~~4vAt~ d F i ~ ( ;a 'ro -rwf- L14 c• tF>tD TAE " oo~" }1Z ``yy rr N~ 4 ~ { 1 "1 G1 s al WAS ~ ~ ~ ro -3E z ~i&i ! j f] f`~~ To -gA 4t4 • "dl r~ 1 s, rorrvEt eewf-& A M&L-7P- A 14~ryrA/l~.4iGe.r: C54CF- t AG- ~vGJ r/- ~~.~•iJ 1 w a d COURT ~ 6,X-443 IT- "'81 Dv~► NG ®1-CJ-4233-AAA rY~G11{~rtG /~F~c.ic f Nj~ . CADocs\prop65575\Dowell\CodeViolationsBuilding\CodeEnforcementCamplaintFormDowelldoc page 5 05/04/2007 2:10:11 PM 4 1 I /O rq r+\_ L ^d~ y Location: 6559r, Siscrm7rc Ad ~J Wnerx* .Taft and Pat Dv-mll Phor.41 50-S 701 0:-32 7ho aron (royar d rc,;41 in rc9 Is the only olstront %:.f thie drawing that is being "applied Sot" now. rf-,Qs0 raxt or the structure is 21ra267 ar, apppromad (ccupany zwef.iing or for years a. 11 w. d 0 The Building permit was ruled null and void... so order the bowells to reseal the wall. or Iq .cwn iri .................~t. Future House Expansion Area N ry m 10 MAt The Building permit was ruled null and void... so order the bowells to remove the room. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, AUGUST 22, 2012 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. THE READING OF A PROCLAMATION Declaring the First Week of September as EAT LOCAL! Week and September 6 as Dine Fresh, Dine Local Day in Deschutes County - Central Oregon Food Policy Council Suggestion Action: Read and Approve Proclamation. 4. CONSIDERATION of Signature of Document No. 2012-090, a Services Agreement for Food and Commissary Services for Inmates at the Jail and Juvenile Detention Facility - Lt. Brook Van der Zwiep and Darryl Nakahira, Sheriff's Office Suggestion Action: Move Board signature of Document No. 2012-090. 5. CONSIDERATION of Signature of Resolution No. 2012-104, Approving the Acquisition of Temporary Construction Easements on Skyliners Road - George Kolb, Road Department Suggestion Action: Move Board signature of Resolution No. 2012-104. Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 1 of 8 6. CONSIDERATION of Signature of Resolution No. 2012-102, Establishing a No-Parking Zone on the Frontage Road between Deerfield Drive and Burgess Road, La Pine - George Kolb, Road Department Suggestion Action: Move Chair signature of Resolution No. 2012-102. 7. CONSIDERATION of Chair Signature of Document No. 2012-383, an Amendment to the Oregon Health Authority Intergovernmental Agreement regarding Mental Health Services Lori Hill, Health Services Suggestion Action: Move Chair signature of Document No. 2012-383. 8. CONSIDERATION of Signature of Document No. 2012-408, an Agreement with St. Charles Health System regarding Operation of the Sage View Facility - Lori Hill, Health Department Suggestion Action: Move Board signature of Document No. 2012-408. 9. CONSIDERATION of Signature of Order No. 2012-024, Designating Certain Real Property as County Parks - Teresa Rozic, Property & Facilities Suggestion Action: Move Board signature of Order No. 2012-024. CONSENT AGENDA 10. Chair Signature of Document No. 2012-512, an Amendment to the Clean Harbors Environmental Services Agreement regarding the Household Hazardous Waste Management Program 11. Signature of Resolution No. 2012-053, Declaring Certain Personal Property Surplus and Directing Disposition (Clerk's Office) 12. Signature of Resolution No. 2012-105, Transferring Appropriations in the Adult Parole & Probation Fund 13. Signature of Resolution No. 2012-106, Transferring Appropriations in the Behavioral Health Fund 14. Signature of Resolution No. 2012-107, Transferring Appropriations in the Public Health Fund (Nurse - Health) Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 2 of 8 15. Signature of Resolution No. 2012-108, Transferring Appropriations in the Public Health Fund (Nurse - Communicable Disease Program) 16. Signature of Resolution No. 2012-109, Transferring Appropriations in the Non-Departmental Category, General Fund 17. Signature of Resolution No. 2012-110, Transfer Appropriations in the Sheriff's Office Fund 18. Signature of Letters regarding the Deschutes County Audit Committee,: Accepting the Resignation of Tom Anderson, and Thanking him for his Service; and Appointing Dan Despotopulos through June 30, 2014 19. Approval of Minutes: Board Meetings of August 6 and 8, 2012 Work Sessions of August 6 and 8, 2012 Minutes of Road Study Group Meeting of July 31, 2012 Minutes of Meeting regarding FEMA Grants, August 3, 1012 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 20. CONSIDERATION of Signature of Document No. 2012-529, an Intergovernmental Agreement with the State of Oregon regarding the Disposal of Surplus Property Suggestion Action: Move Chair signature of Resolution No. 2012-529. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 21. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 3 of 8 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 23. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 24. ADDITIONS TO THE AGENDA PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572) Monday, August 20 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, August 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, August 27 10:00 a.m. Board of Commissioners' Meeting 1:00 P.M. Administrative Work Session -executive session under ORS 192.660(2) (a), employment of a public officer or employee - NOTE EARLIER TIME Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 4of8 Wednesday, August 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, Aug!jst 30 10:00 a.m. Joint Meeting with City of Bend Council, at the County Monda S tember 3 Most County offices will be closed to observe Labor Day Wednesday, September 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 6 8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall Wednesday, September 12 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 13 7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers Monday, September 17 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, September 20 8:30 a.m. (Tentative) Tobacco Survey Results Discussion Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 5 of 8 Friday, September 21 All Day Association of Oregon Counties' District Meeting - Harney County Monday, September 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, S tember 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 1 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, October 3 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, October 4 8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall Wednesday, October 10 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 15 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 6of8 Monday, October 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, October 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, October 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, October 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, November 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, November 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday November 12 Most County Offices Closed to Observe Veterans ' Day Holiday November 13 through 16 Association of Oregon Counties Conference Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 7of8 Monday, November 19 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) November 22 & 23 Most County Offices Closed to Observe Thanksgiving (November 23 Unpaid Furlough) Monday, November 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, November 228 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, December 5 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, December 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesda December 12 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, December 17 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 8 of 8