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HomeMy WebLinkAbout2012-08-22 Business Meeting Minutes Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 1 of 9 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 2 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 n ot 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 3 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 In mates 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 4 of 9 BANEY: Move approval. UNGER: 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. UNGER: Move approval. BANEY: Second. VOTE: BANEY: Yes. UNGER: 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 5 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 6 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. UNGER: 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 7 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 8 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 dee ms they have surplus property, they would contract with the State to dispose of the property. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: 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-H COUNTY SERVICE DISTRICT 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $2,551.69 (two weeks). BANEY: Move approval, subject to review. UNGER: Second. 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 ?14!: Dayof ~ 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: Tammy Baney, Commis ioner ~~ Recording Secretary Minutes of Board of Commissioners Business Meeting Wednesday, August 22, 2012 Page 9 of9 BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Agenda Item of Interest ____2..c-....s.....:::~______ Date d<i'-JJ-1l Name tedl:' 5h c t:/r Address J.-Qv (./ Phone #s SOl. .. 4('0 -1161 E-mail address -___....:..tl.u..Ou.ot..:Je._<'--_____________ D In Favor D NeutraVUndecided D Opposed Submitting written documents as part of testimony? DYes D No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _2---=--__________ Date ZoI2.d ;'22 .!l Name W" ,r I ~ 1-(" k Address ____________________________________ Phone#s ____________________________________ E-mail address _______________________________ D In Favor D NeutraVUndecided D Opposed /Submitting written documents as part oftestimony? DNo ,//' 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 I I 1 I 1 j SUPc~: TARGET TRAC =POLICE INFRA RED LANCING MURDERING EYES CASTING RADIOACTI,TE BIO TOXINS ON FOOD FEDER~L TITLE 18 SECTI()NS 1111 -rHR{' 1117 IVltiRDER CHARGES=P{)lS()~ ( ASTED ()1\ F()()I) I J DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue, Bend, OR 97701 Telephone (541)388-6676, Fax (541)385-1764 CODE ENFORCEMENT COMPLAINT FORM Instructions: In order for you complaint to be accepted, you must fill in all questions completely and sign on the back 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: 2011. 08 ZZ Address ofViolation(s): c,,559~ 5'SfVVlOIl..l' eo City: 3uyl. State: -...:o::...re~~__..,.....,....,.. Zip: 21170 J Nearest Cross Street: S~c.("ee..lt. R4 h Sa#t:.. i??1'tlel! U ~IJiIIff Subdivision: -----:-.....,..~--------------:..~r_____r----- Residents Name: U~Eillc:nA'l Phone: . j\bt. : h'<O'to(; Owner of Prope~: .xre ~13if ~ Address: ~!M<lV"e o..ldt i3i~~ dak"~p~s;,; Zo.~ City: State: _______ Zip: ________ Details of Complaint (be specific): US£.. Q t .5TK uc.. T V\..R.E for ~RA~I~' I 10 L;:=;?=1Y! Ib~:¥i1!P} l ittfi!itflffl ~ V\Ol AT(ot( Al l)CL-L# .08 r~~5 I z,I-tT tC(;;""" T.,tI,w ARE THERE ANY KNOWN OR SUSPECTED HAZARDS AT THIS LOCATION? IE: Dangerous or unstable residents, dogs, criminal activity, etc. ( ) YES () NO CX') UNKNOWN If yes, please identify the hazard in detail: ..!~.!:!i::.....c.~~liid....+a-~~A1ii!4-=:';:::'~="'::'..!.....!:~'-- t') \J..4e fCiOfll ~ **** Continue on reverse side *.*. CE Com~~aint Form Rev. 04/11 Pagel 1 The top portion of this side is required and !!!Jl!1. be completed. Complainant: (Your Name) Name: (.."h l)lAriM .r( '" ~ Address: tJ() g,* S'f'i~ City: _-:-_~~~~~-:--=-:--=--__ State: l3_ft______ Zip: j110~!hSj'fG Davtime phone #: .Slli38<r 3414p Can violation be seen from the road? (X1 Yes ( ) No If not. what is the best inspection point? Is the Complainant a neighbor? ()ij Yes ( ) No The complainant gives the Code Enforcement Technician permission to use their property for viewing the violation: (X) Yes ( ) No rf not, why: _______________ Will you, the complainant, testify in court, should the need arise? <Xl 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, I declare, under penalty of perjury, that an information submitted on and with this form is true and accurate to the best of my knowledge. COMPLAINAN DATE Thank you for assisting in making Deschutes County a better place to live. Your Code Enforcement Staff .*.*.************--****~***********--**----**.*********************..******--**********--*****************--***** FOR OFFICE USE ONL V Subdivision: ___________ Lot: _______ Block: ______ (;1':' Cornpli'liflt Form Rev. 04111 Page 12 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-fires which would last as long as 12 hours. The renter would sometimes leave the property while these fires 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\Legais & Decisions Court & County\CodeViolationComplaints\20120822 Transient Use\20 120822 Code Violation complaint against Dowell regarding transients.doc page 3&4 8/2212012 8:58:44 AM 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: • DCC 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; 8. 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 B-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 :IDocslprop65575lDowelllLegals & Decisions Court & CountylCodeViolationComplaints\20 120822 Transient Use\20 120822 Code Violation complaint again st Dowell regarding tran si ents.doc page 3&4 8/2212012 8 :58 :44 AM William John Kuhn Martha Leigh Kuhn PO Box 5996 Bend, Oregon 97708-5996 Phon~: (541) 389-3676 Wednesday 15 January 11997 Dennis Perkins, Director Deschutes County Building Department Administration Bldg . Bend, Oregon 9770 I Regarding B34821 at 65595 Sisemore Road. Dear Dennis, w 541 388 6576 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 3PO) owned by us and our neighbors. The request was made by Mark Shipman. Assistant Planner under Craig I. Smith, Planning Director before the county would proceed with any pennits. A copy of the county's request is attached. In 1990 the Dowell's purchased their building site and their halfofthe jointly owned land. Please note that the Dowell's purchase agreement ~not cover the provisions required by the original CU-80-22 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? Ifthe county does have this agreement on file then we would like a copy ofthe agreement that was submitted. Presumably our names are on it and we should be able to have a copy ofsomething we signed. (Why would the county require us to submit a . copy and not require the D9weU's to submit a copy?) Ifyou do not have .a copy of their . Agreement are you the county using the agreement that was submitted by us in·) 988. If you are then we would like to have a copy ofthai agreement and a letter from you that says you are using that document even though it does not have th e Dowell's signature on it. If there is no agreement on record we asle 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, ;;JJL?.L ;::::YL Tht County told us Wt had to file Q ~oenplaint - WE DID . The County coufd haye ClCfed prior to the: f inal Iapproval -The County DID NOT ACT . William Iohn Kuhn WJKJk A-07-9 Doc.umeat # 11 Dennis Perkins te No JOA Jan '1997 f::\dIX3\Jcttcn\di~.. 91u .doc Put: I ofl ~ 9'701 U 07041 LI UblJAN/ll / WtD [' : 33 PM F~MCl~ PJ'~l) MAKl'lN JiAX N0, ~4lJ~:U U btl p, UL:/ UU '{ NIIilR. Bryant Ro1>ert 5, Lovlien Lynn F, ]an>is John A. 1l0l{S" Shl1lOl\ R. Smlth John D. Sadie Matt G, Rdntcke Mal~p, Land., KitriCPoxd. Paul J. Taylor OUistopher A Be,glilY Jeremy M , Gn= BEND 591 S.w, Mill View Way Mail: P.o, Box 1151 Bend.. Oregw 97109 PhonE:; (541) 382-4331 ~JI,X: (541) 3B9-3386 ORS 105.820 gives us the right to collect Q portion of the rent . A Homeowners I Agreement can deal with this. January 5, 2006 GERALD A. MARTIN FRANCIS HANSEN & MARTIN LLP ol-O"6; 1] 48 NW HILL ST BEND OR 97701 JAN 06 2006 RE: William and Martha Kuhn v. Jeff and Patty Dowell Dear Jerry: Your letter dated January 4, 2006 is puzzling. Your clients lost on the 400' set back issue. You state that "You r;ecall that the County's offered excuse for not enforcing the 400' m.aximum. setback was the fact that the plat had not been recorded." Apparently, you believe that now that the plat is recorded, the Dowells' home violates a 5etback requirement. That is not what I "recall". I recall the county providing ~'V eral different reasons why it disagreed with you and your clients. In any event, the decision was ultimately decided by the Court cif Appeals in favor of the Do weUs. The ftling of the plat does nothing to change the effect of that ru ling. The 'g~cond paragraph of your letter suggests that your clients feel they have a gieateroWnerSl,llp interest in the jointly owned property than the Dowells . Your ~tatement that the Dowells, have "abused the jointly held property" by allowing tenants who ru:e living on their property to visit the jointly held property is ridiculoU$. The jointly owned property is not your , client's personal kingdom. Obviously, the Dowells. their renters and their guests are entitled to and will use the jointly owned property in co nformance with the CC&RB. J Your Objection to the Motion fox Reconsideration states that your clients do not want to litigate further. At the same time, they refuse to agree to the provisions mde'red by Judge Adler and now they have ~o··refused to Subnlit the matter to an . independent thUd party arbitrato r to. decide what provisions are ,appropria.te foJ.' th.e JHOMA. The t.1tteat of "furore litige.tlon" against'the powells on an issue which coUld easily be resolved wbilecompiaining to the court that your clients don't· wailt to litigate further once again evidences th.eir unwillingness or inability to be rational or reasonable. They fuo lishly continue to waste money without improving their interests. On the contrary, the passage oftim~ and additional litigation has only decreased the lik'elihood that your clients will ever obtain a satisfactory result. This is unforttmate for everyone. MARK G. RElNECKE MGR:bjd Enclosure pc : . Mr. & Mrs , DoweU r ,\DATA\OJd Datol"IM(JI\.\CLrtn'T'TIPlI)"on..p , 01'llluJu.O<H'l9167-0CH,O)l.\I"" De-:;chutes Gcunty Government, Oregon -DIAL Search Results Standard http://www.co .deschutes.or.us/index.cfm?objedid=6SFlll0A-BDBD-.. Enhancing the li v e ~ of citi l en~ b y deli v ering Clualit ·v $erv i,:e s in .3 Go ~t-effe(.tive nlann~r .....® . 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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 98686 Site Address: 65595 SISEMORE RD BEND 97701 Assessor Property Description Lot: Block: NOTICE: There is an unresolved Code enforcement violation on this property.* Call Community Development Code Enforcement at 541-385-1707 for more info. * *+++**••• +*.*****************.***.***********.******** ••••••••••••••••••••••+ ••• Prop Cls: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 * * * FB BLT %GD 141 1995 100 Room Grid for 141 Total SqFt: 424 --ROO M S ---- ­ LR K DR FAM BD BATH OTH FP UTL Sq Ft: 424 1st Fl 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 10f9 06/28/200710:10 AM C:l Docsl prop65575l DowelllCodeViolationsBuildinglCodeEnforcementComplaintFormDowell.doc page 8 05103 /2007 10:14:00 PM y has the county permitted e dumping of demolition e on the Dowell property yond the 400' maximum ilding line in violation of the onditional Use permit and in iolation of DEQ regulations? C:\Docs\prop65575\Dowell\CodeViolationsBuilding\CodeEnforcementComplaintFormDowell.doc page 9 05/03/2007 10 I 4 00 PM ing mattresses is in violation County and DEQ regulations. r since George Read decided to enforce the 400' maximum Iding line on our plat map this of activity has been going on. is it being permitted? C :\Docs\prop65575\Dowell\CodeViolotionsBuilding\CodeEnforcemenlComploi ntFormDowell .doc page 10 05103/2007 10:14 :00 PM • I .., ~ I ~ 1 I L•. b 7 -0 ,;'(j +-..' -I"'; 7, I -, _--,-_~\.I * ~ f I J.. • ::.:-0 1 I .-_'-0'~----~~---.~~--_~I~~-----_~ ~~~ L,_-------,/0,,'­ page 5C.\Docs\prop 65 5751D owell\Code ViolationsBuilding\CodeEnforcementComp laintF onnDowel Ldoc YfL (~_5'b-S:S~ The Building permit was ruled null and void ... so order the Dowells to reseal the wall. ~ '% ~t 10 (c:at ~~ ~ so order the Dowells to remove the room. \ . r<-:_~ ~ 1t}r~~ ~. ,( \.,0\ ~~.~~ Loc~eton= 65~9~ Sl~smotc Ad O!.JnOlJU Jor t :Inti P:at ~\111 Phi)r.;. I 50';; 701 O!:.a 1 7ho ~ro:l (tQ}/Of " r.c.::.ul In ro:-:li 1~ t.1lt:1 or,ly "l&II'IIII'lt »1: tt.1$1 ar~Yln9 tb~t L~ bOlft9 -~~lltd loc-n.oy. rho~ ro~t. .or tho ~tructuc" t~ alroa~1 ~, approVQ4 ~c~pany ~~lllng or lO~ ~at' 1.. •••·•• ........•• ....•.. •••• ....· .. •·• .................~. Future House Expansion Area .................~. I> Iiil 1\ ;',:rL.--J· u ~ CI r; &. 1A qv,\~~~~ t-ri9 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 ofa public hearing will NOT be included in the official record ofthat 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 ofDocument 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 ofResolution No. 2012-104. Board of Commissioners' Business Meeting Agenda Wednesday, August 22, 2012 Page 1 of8 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 ofResolution 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 ofDocument 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 ofDocument 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 ofOrder 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 of8 I 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 Sheriffs 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 ofResolution 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 Extensionl4-H County Service District Board of Commissioners' Business Meeting Agenda Wednesday, August 22,2012 Page 3 of8 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 J300 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 22 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 4 of8 Wednesday, August 29 10:00 a.m. Board of Commissioners' Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Thursday, August 30 10:00 a.m. Joint Meeting with City of Bend Council, at the County Monday, September 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 of8 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, September 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 6 of8 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 7 of8 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) Wednesday, 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 80f8