1995-32093-Minutes for Meeting May 04,1983 Recorded 6/13/198395-32093 ` VOL 47 PAGE 571
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MAY 4, 1983 - COURTDAY MEETING
" :10 `'
Chairman Young called the meeting to order at 10:00 A.M. Commissioner
Tuttle and Commissioner Prante were alARIR W%59UMJ, r CLERK
Amendments to Chairman Young read aloud the amendments as listed on
the Agenda the attached sheet. There were no changes or addi-
tions.
Public Hearing Chairman
regarding Amend -apply to
ment to PL -11 proposed
and PL -15 Reg- Planning
ulating Time hearing
Sharing
Denyse McGriff, Planning Department, explained the
concept of time sharing and stated that this ordinance
had been drafted as result of several time sharing
projects proposed for development in Deschutes County.
Both the Bend Urban Area Planning Commission and the
Deschutes County Planning Commission had recommended
that the ordinance be adopted. Ms. McGriff then
briefly outlined the provisions of the ordinance. She
noted that the zoning ordinance would also be amended
to provide time sharing criteria.
Young noted that today's hearing would only
the proposed ordinance amending PL -11. The
ordinance amending PL -15 has not yet received
Commission review. Chairman Young outlined
rules and called for the staff report.
Chairman Young opened the public hearing and called
for comments in favor of the ordinance. Paul
Buchanan, Brooks Resources Corp., stated that Brooks
Resources and Black Butte are basically in favor of
such an ordinance and feel that the County should have
such control, but they have concerns about private
homeowners selling their homes on a timeshare or
tennants-in-common basis. This may allow for property
neglect if the original owner does not reserve funds
for property maintenance. He suggested that time-
sharing be defined as creating four or more interests
rather than 11 as the proposed ordinance provides.
Chairman Young then called for comments in opposition
to the ordinance. Everett Turner, 63321 Old Deschutes
Road, Bend, came forward. He is a local realtor and
member of the Bend Urban Area Planning Commission. He
stated that the definitions contained in the proposed
ordinance concern him because they seem all-encompas-
sing; they address all the rights of real property
ownership. He felt that they addressed more than they
had as far as problems. He stated that when this is
adopted, another right of ownership will be taken
away. He stated that the community gets a lot of
recreation dollars and the Board must look beyond just
the time sharing issue and consider the total effect
MAY 4, 1983 MINUTES: PAGE 1 5�� �'�
I VOL 47 FACE 572
of the ordinance on the tourism industry from an
economic standpoint.
Jennifer Turner, Mirror Pond Management, stated that
her company deals with vacation rentals. She stated
that there are many instances where people have bought
vacation homes in the area and they rent them out on a
short-term basis when they are not there. She stated
that local homeowners sometimes rent out their homes
when they are away. She felt that the portion of the
ordinance which deals with residential use will put a
strain on these homeowners. She recommended that this
not be regulated by the time sharing ordinance.
Chairman Young called for comments in rebuttal.
Hearing none, he closed the hearing. There was some
further discussion by the Board in which it was noted
that the State Legislature had passed legislation
regarding time sharing. It was felt that further con-
sideration of this matter should be delayed until it
was determined that this proposed ordinance conformed
with that legislation.
MOTION: PRANTE moved to continue this matter for
two weeks.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Public Hearing Rick Isham, County Counsel, explained that this was a
regarding Form- hearing for remonstrances by the benefited property
ation of Klip- owners in Klippel Acres. This was ordered by
pel Acres LID reinstatement of the district. The Board had voted
previously not to approve the improvement if any
remonstrances were received.
Dave Hoerning, County Engineer, stated that the Road
Department had sent out the remonstrance forms; all
the remonstrance forms had been returned to the
Department and there was one remonstrance from William
B. and Jean W. Morse. Mr. Hoerning read aloud their
remonstrance letter. He noted that they had also
received a letter in favor from Melissa and Jerry
Fulop.
Chairman Young opened the public hearing and called
for comments in favor. Leonard Cruthers, 19655 Doe
Lane, stated that originally there had been four
parties in opposition. Of those, three now support
the LID. He stated that Mr. Morse does not reside in
the area and he was unable to contact him. He stated
that all the resident property owners are in favor of
the improvement and he did not think it was fair that
one dissenter should penalize everyone else.
There were no further cpmments. Chairman Young closed
MAY 4, 1983 MINUTES: PAGE 2
vol 47 PACE573
the hearing.
It was noted that Mr. Morse has his property for sale.
Mr. Hoerning commented that the new buyer can assume
the improvement assessment and that the paving of the
road may enhance the saleability of the property. He
stated that he would attempt to contact Mr. Morse to
make him aware of these things in the hope that he may
withdraw his remonstrance.
MOTION: TUTTLE moved to continue this for two weeks
and ask the Public Works Department to
explain the ability to pass on the assumption
of the LID assessment by a potential
purchaser and giving that two week period for
Mr. Morse to withdraw his remonstrance and
act on that order after the two-week period.
PRANTE: Second.
Commissioner Prante suggested notifying this person
that because of the support for this LID it will take
place within the next time frame available.
VOTE: UNANIMOUS APPROVAL.
Public Hearing
Chairman Young opened the public hearing and read
regarding Form-
aloud a letter submitted by Jordan Maley, Planning De-
ation of Squaw
partment which noted an error in the legal descrip-
Creek Canyon
tion. John Rankin, representing the landowners in the
Special Road
proposed district, stated that they are in favor of
District
the district formation. In response to Mr. Maley's
letter, he stated that he would correct the error
right away. He also noted that all the people in the
EFU 40 zone signed a petition in favor of the dist-
rict so that they could also be included. He also
indicated that there were some landowners within the
proposed district that they had not been able to
reach. They have received no comments in opposition.
Being no further comments, Chairman Young closed the
hearing. He noted that the corrections would be made
as agreed and that this order before the Board sets
the final hearing for June 15.
MOTION: PRANTE moved to adopt the order setting the
final hearing and make any necessary correc-
tions in the legal description. Corrections
to be done immediately.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
MAY 4, 1983 MINUTES: PAGE 3
.
Presentation of
1983/84 Juven-
ile Services
Commission
Comprehensive
Plan
VOL 47 PAGE 574
Judy Stiegler, Chairman of the Deschutes County Juven-
ile Services Commission, presented the Board with
their 1983/84 Comprehensive Plan, outlining the five
programs that are being considered for refunding or
partial refunding.
MOTION: TUTTLE moved to adopt Resolution 83-018.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Request for Mr. Simpson, Drafter Road, LaPine, requested the
Waiver of Fees waiver because of financial hardship and requested
for Harold that he be permitted to make monthly payments. John
Simpson Andersen, Planning Department, stated that it is the
Planning Department's recommendation that fees for the
conditional use permit and temporary use permit be
reduced to half and that no monthly payments be
allowed.
MOTION: PRANTE moved to reduce fees as recommended.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Board Consider- Mr. Isham distributed copies of the agreement to the
ation of Con- Board briefly explaining the provisions of the
tract with contract. He noted that the Association has approved
Sheriff's Assn. the contract.
MOTION: PRANTE moved to approve the agreement
between Deschutes County and the Sheriff's
Association.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
At this time the meeting recessed for 10 minutes. It reconvened at
11:10 A.M.
Discussion re- Commissioner Prante requested that an Energy Audit be
garding Energy authorized for the Courthouse, Courthouse Annex and
Audits Road Department buildings. She explained that an
approximate 50% reimbursement is available through the
State and the audits provide information that helps to
significantly reduce energy consumption.
MOTION: PRANTE moved to proceed with these audits
as soon as possible.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
MAY 4, 1983 MINUTES: PAGE 4
VOL 47 PACE 575
Ordinance 83- MOTION: TUTTLE moved to have first and second
046, Amending readings of Ordinance 83-046 by title only.
PL -15 Changing PRANTE: Second.
Zoning VOTE: UNANIMOUS APPROVAL.
Chairman Young so read.
MOTION: TUTTLE moved to adopt Ordinance 83-046.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Ordinance 83-
MOTION:
TUTTLE moved to read Ordinance 83-047 first
047, Amending
of Calling Up
and second readings by title only.
PL -16, Sisters
review the
PRANTE: Second.
Comp Plan
VOTE:
UNANIMOUS APPROVAL.
Land Use Deci-
Chairman
Young so read.
He out-
MOTION:
PRANTE moved to adopt Ordinance 83-047.
variance. He had prepared
Order
TUTTLE: Second.
83-167 which would
VOTE:
UNANIMOUS APPROVAL.
Ordinance 83-
MOTION:
PRANTE moved to have first and second reading
048, Amending
by title only.
PL -17, Rezon-
TUTTLE: Second.
ing Property
VOTE:
UNANIMOUS APPROVAL.
Chairman
Young so read.
MOTION:
PRANTE moved to adopt Ordinance 83-048.
TUTTLE: Second.
VOTE:
UNANIMOUS APPROVAL.
Appointments to
Chairman
Young explained that the County is required
County Museum
by statute
to appoint a seven -member Museum Commis -
Commission
sion. The
Deschutes County Historical Society had
submitted
nominees for the Board's consideration as
indicated
in their letter.
MOTION:
PRANTE moved to appoint the slate as
presented for the County Museum Commission.
TUTTLE: Second.
VOTE:
UNANIMOUS APPROVAL.
Appointment to
Commissioner
Tuttle stated that Robert Lutz has
Central Oregon
resigned
from his position on CORHA's Board of Direct -
Regional Hous-
ors, and
James Morrison has been nominated to fill
ing Authority
the remainder
of his term which expires August, 1983.
Board of Direc-
MOTION:
TUTTLE moved to appoint James Morrison of
tors
Bend to the Central Oregon Regional Housing
Authority Board of Directors.
PRANTE: Second.
VOTE:
UNANIMOUS APPROVAL.
Consideration
Mr. Isham explained
that the Public Works
Department
of Calling Up
has requested that
the Board call up for
review the
for Review
decision on the variance
for the Division
Street
Land Use Deci-
extension south of
Diamond International.
He out-
sion relating
lined the proposed
variance. He had prepared
Order
to Division St.
83-167 which would
call the matter up for
review.
Extension
MOTION: TUTTLE moved
to adopt Order 83-167.
MAY 4, 1983 MINUTES: PAGE 5
'VOL 47 Fw5
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Reappointment Commissioner Tuttle stated that he has served on this
of Commissioner Board in the past and would like to be considered for
Tuttle to East- nomination for reappointment. He explained that the
ern Oregon EOHSA appoints their own members through nominations.
Health Systems MOTION: PRANTE moved to nominate Commissioner Tuttle
Agency Board of to be appointed to the Eastern Oregon Health
Directors Systems Agency Board of Directors.
YOUNG: Second.
VOTE: UNANIMOUS APPROVAL.
OLCC License MOTION: PRANTE moved to approve contingent upon
application for payment of filing fee.
Orion Greens TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Request for Before the Board were three requests for refund. The
Refunds first was for William Potter in the amount of $116.
The second was to McShannon Plumbing for $25 and the
third was for John Steinbrecher in the amount of $135.
These were approved.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
AWAERTT YOUNG COMMISS E
iLAURENCE
BRISTOW;TUTT
, COMMISSIONER
A. COMMISSIONER
/ss
MAY 4, 1983 MINUTES: PAGE 6