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2001-544-Minutes for Meeting June 25,2001 Recorded 6/27/2001DEOCNUTES COUNTY OFFICIAL RECORDS CJ 2001.544 RMY SUE PENNOLLOW , COUNTY CLERK COMMISSIONERS' JOURNAL �� LZ 08/10/200110:18:42 AM Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 COUNTY CLERK (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke EXCERPT OF MINUTES OF WORK SESSION Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 259 2001 Present were Commissioners Tom De Wolf, Dennis Luke and Mike Daly. Also present were George Read, Damian Syrnyk, Kevin Harrison and Steve Jorgensen, Community Development; Kelley Jacobs and Deevy Holcomb, Juvenile Community Justice; Tammy Credicott, Property Management; Gary Smith, Mental Health Department; Susan Ross and Jenny Scanlon, Commissioners' Office; Tom Blust and George Kolb, Road Department; Rick Isham and Laurie Craghead, Legal Counsel; Media Representative Barney Lerten of bend com; and several citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Citizen Paul Moore spoke. He said he recently built a home in Whispering Pines through Adair Homes, which has been finaled. Since he keeps horses, he decided to build a hay shed. He received a letter regarding a code violation, so he spoke with representatives of Community Development, who informed him that he has to go through the permit process for the hay shed. They also told him that he has to pay double fees; he feels this is punitive. He said that he was also told that he has to bring up the quality of siding and some other items. He explained that it's just a 20 x 24 foot hay shed. He further said that Whispering Pines is a residential subdivision with small acreages, around 2.5 acres each. He explained that he was told that if he lived on seven acres, he wouldn't have to get a permit at all. He indicated he is willing to pay regular fees, but feels the hay barn it shouldn't have to be brought up to the code of a house, and feels strongly about paying double fees. Excerpt of Minutes of Work Session Monday, June 25, 2001 Quality Services Performed with Pride Page 1 of 6 Pages George Read explained that code requires double fees when something is done without a permit. This has been a part of the code for the past few years. The theory is to have some method to discourage people from building without a permit. The acreage he is referring to - the seven acres or larger - is considered large acreage, but structures still require a permit. Commissioner Luke asked if Mr. Moore has ever built anything in the County previously. Mr. Moore replied that he has had Adair Homes build a house, but he has never built anything himself. Chair DeWolf said it is his opinion that this code is in place to get at people who flaunt the system. George Read said they looked at the old rules, for farm deferral or farming to make a profit, but this wouldn't have fit, either. Mr. Moore said that it is a pole building, with no flooring and siding on three sides. It's merely a hay shed. Chair DeWolf asked if the County requires him to bring this building up to home standards. George Read replied that this is news to him, but that agricultural buildings are supposed to be built according to building codes. Mr. Moore said he turned in a plot plan, which has been approved after the fact. Chair DeWolf said that this drives him crazy, as he really wants to support the policies the County has established. At the same time, this seems like an innocent mistake. It's not that much money either way. Commissioner Luke explained that he has a problem trying to determine intent. This could set precedence. It is very clear since 1973 that permits are needed to build in Deschutes County. Commissioner Daly asked if the double permit fee was designed for punitive action. George Read said it was put into place with the code enforcement manual that was adopted in January of 1996, and that a full public process occurred prior to its adoption. Commissioner Daly asked if the County gets a lot of these. George Read said they get some, but that generally people just pay them. Chair DeWolf explained that he has known Mr. Moore, and believes him. Commissioner Daly said that he is inclined to back CDD. If there is a policy, everyone should follow it; there should be an exception for one person. Commissioner Luke stated that is where he is at as well. Minutes of Work Session Page 2 of 6 Pages Monday, June 25, 2001 Mr. Moore said that his feeling is that he would just as soon tear it down than to have to be in compliance with this code, which he feels is unreasonable. He said it took him a summer to build the shed, and may take him all summer to tear it down, and he asked that the County bear with him on this. 5. Before the Board was a Discussion and Consideration of Signature of a Renewal of an Intergovernmental Agreement between Deschutes County and the State of Oregon Mental Health Division for Mental Health Services. Gary Smith said that the State gave the County only ten days to review the contract and turn it around. Chair DeWolf asked if an executive summary, with highlights and changes, could be provided in the future, instead of having the Board receiving a huge duplicated document. Rick Isham said there were a lot of requirements in the contract that are a progression from the state over the years. Some subcontractors may want to discuss the changes before signing new contract. LUKE: I move signature. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board was a Discussion and Consideration of Approval of Intent to Award an Overlay Contract for Various Roads (Burgess Road, Day Road, Huntington Road, and the Southwest Solid Waste Transfer Station). George Kolb indicated that this should be signed today if possible. LUKE: I move approval. DEWOLF: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Work Session Page 3 of 6 Pages Monday, June 25, 2001 13. Before the Board was a Discussion of a Public Hearing (Scheduled for Wednesday, June 27 - Continued from Monday, June 4), of Appeal #A-01-10 of the Hearings Officer's Decision to Deny a Variance to the Density and Open Space Standards to Add Lots in an Existing Planned Unit Development (Odin Falls Ranch). Kevin Harrison said that the major issues of this appeal revolve around legal questions and the application of newly adopted Administrative Rules to this project. Laurie Craghead explained that she has researched this. Chair DeWolf asked if the Board would get a recommendation from legal and staff. Ms. Craghead replied that the applicant's attorney has turned in some viable arguments, and she is awaiting a call from DLCD for their recommendations. Chair DeWolf said there are several difficulties involved with this property. One of them is that the irrigated portion becomes appurtenant to Lot 1. If that owner fails to keep up the land, the other five lot owners take over; if they fail, then the subdivision would take over. He asked, why not require all the lot owners to take responsibility through their homeowners' association to make sure it is maintained, right from the beginning? He stated that they are where they are now because this wasn't taken care of originally. He further explained that the HOA will have the authority, and should, therefore, have the responsibility as well. They have agreed to post a $10,000 certificate of deposit, but is this sufficient to bring back and maintain this property? He also said that nothing has been detailed about possible conflicts regarding farm uses resulting in noise and odors. Commissioner Luke said that Oregon's "right to farm" laws cover this. Chair DeWolf said that nothing in the document addresses this potential problem. He further observed that this is an odd situation, and very awkward. He said he is inclined not to allow it. Commissioner Daly stated that he sees this as a can of worms in the future as it is now written. The homeowners within the subdivision should band together to make this happen. They all say they are all in favor of it, but don't want to take action as a group. Minutes of Work Session Page 4 of 6 Pages Monday, June 25, 2001 Commissioner Luke asked that if one homeowner vetoes it, what is the standard going to be? Chair DeWolf said that perhaps the Board could make it a condition of approval. Commissioner Luke said that they could probably appeal to LUBA. Chair DeWolf stated that it would be just like an LID. Laurie Craghead explained that it depends on how the by-laws of the development are set up. Commissioner Luke stated that you can't force someone to pay. Chair DeWolf replied that an LID only requires a majority vote. This item will be further addressed at t he Board meeting on Wednesday, June 27, 2001. 14. Before the Board was a Discussion and Consideration of a Decision (Scheduled for Wednesday, June 27) Whether to Hear a De Novo Appeal Filed by SBA Communications, Inc. regarding Hearings Officer's Denial of a Request to Establish a Wireless Telecommunications Facility in the Sunriver Business Park. Damian Syrnyk said that this involves a significant policy issue. The applicant has argued that they are a wireless telecommunications company, and state that they feel the Hearings Officer is in error. They want to build on spec, and are using the same law firm as Mericom (an applicant for a cellular tower in the La Pine Industrial Park). They raised a lot of the same issues about the interpretation of Deschutes County's code. Chair DeWolf stated that it sounds like the County has already dealt with this before. Commissioner Luke said that LUBA wants the County to decide so they can hear this. Damian Syrnyk explained that the applicant has not waived time period. Therefore, staff recommends that it only be heard on the record, not de novo as requested. Laurie Craghead said that the Hearings Officer's decision does not get afforded the same deference as the Board's decision would. Commissioner Luke asked that if they don't restart the clock and the Board declines to hear this, does the Board still have to hear the Mericom one? Ms. Craghead replied that the County already has an agreement to hear the Mericom hearing. Minutes of Work Session Page 5 of 6 Pages Monday, June 25, 2001 Commissioner Luke stated that he is not willing to hear this appeal if the applicant doesn't restart the clock. Chair DeWolf said that he would hear on the record only. Commissioner Luke explained that he believes that the County's ordinance shows that the County doesn't allow these companies to build on spec. Ms. Craghead said that they are questioning the interpretation of the ordinance, not the ordinance itself. Commissioner Luke asked if there is any advantage to hearing this; Ms. Craghead replied that the Board would then have to make a decision on this one before hearing the one for Mericom. It's essentially the same issue. Commissioner Luke asked if it is on the record only, could just staff testify? Ms. Craghead replied that no new evidence would be allowed. Damian Syrnyk said that the appellants want a de novo review, as they would like to submit additional information; but if so, they would need to provide additional time. Chair DeWolf said he is willing to hear this on the record only. Commissioner Daly confirmed that he would as well. Being no further action brought before the Board, Chair Tom DeWolf closed the meeting at 11:05 a.m. - End of Excerpt of Minutes - DATED this 25th Day of June 2001 for the Deschutes County Board of Commissioners. A TEST: Recording Secretary Minutes of Work Session Monday, June 25, 2001 Tom )DeWolf,-Chair i Dennis R. Luke; Commissioner Wicliaef M. 1 a , Commissioner Page 6 of 6 Pages