HomeMy WebLinkAbout2010-12-20 Business Meeting MinutesDeschutes 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 MONDAY, DECEMBER 20, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Tom Blust, George Kolb and Dan Sherwin, Road Department, Tom Anderson and Paul Blikstad, Community Development; Mark Pilliod, County Counsel; Bob Haas, I.T.; Robert Poirier, 911, Mike Porterfield, Sheriff’s Office; media representative Hillary Borrud of The Bulletin; and six other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Tom Blust, Dan Sherwin and George Kolb came before the Board. Mr. Sherwin recently got special recognition from the Oregon Department of Agriculture for his weed program. The interagency noxious weed symposium, where the award was given, is held just once every two years. Commissioner Baney said many counties want to know how to get a ‘weed wagon’ and how to duplicate the work that Mr. Sherwin is doing. Mr. Sherwin stated that he has taken the weed wagon to the State Fair and works with the Department of Agriculture on an ongoing basis. Commissioner Unger said he appreciates the fact that Mr. Sherwin goes above and beyond what is required in his work. Mr. Sherwin pointed out that for every dollar spent on education, $33 is saved from treatment and other expenses. Mr. Blust read the wording on the plaque to the audience at this time. __________________________________________ Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 1 of 12 Pages Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 2 of 12 Pages 2. Before the Board was Consideration of Signature of Order No. 2010-063, Assigning the Name of Frank Pennock Lane to an Unnamed Emergency Access Road Serving Deschutes River Woods. Paul Blikstad gave an overview of the item. Tom Blust stated that his department could handle the signage, which will be out of view from the Highway per the request of ODOT. Commissioner Baney said she talked with Jackie Pennock, the widow of Frank Pennock, who was very grateful for this action. BANEY: Move approval of the Order. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of a Decision on an Appeal of the Hearings Officer’s Decision regarding a Nonconforming Use Alteration and Site Plan for Wooden Cabins to Replace Canvas Tents on Existing Platforms at the Outward Bound Facility. Mark Pilliod and Paul Blikstad came before the Board and explained that an oral decision needs to be made as soon as possible as the time limit expires on Monday, December 27. Chair Luke said that it appears that some of the platforms are visible from the river. If this is the case, there was incorrect information given to the Board. A letter from State Parks was received in this regard after the record was closed. He asked if this letter can become part of the record after the fact. The property is partially in the Oregon Scenic Waterways area. Mr. Pilliod said that if it was not received in time, it is not in part of the record. The Board will have to determine if the information in the record is satisfactory. The standard called for is a viewing from the main thread of the river and not from a bank of the river. An exception cannot be made just because someone was late getting information into the record. Mr. Blikstad said he has not been out to the site to verify this, but the photos are in the record. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 3 of 12 Pages Commissioner Luke asked if this affects people walking down a trail next to the river or if it is only viewed from the river itself. Commissioner Baney asked if the platforms were there before the designation. Paul Blikstad indicated that the designation was added in the 1990’s. The Hearings Officer did indicate the platforms were visible from some locations. Mr. Pilliod stated that the scenic waterways designation is not a part of the County’s standard or approval process, but another agency may have authority over this and approval must be obtained from that agency. This is outside of the County’s jurisdiction, but approval from the other agency will be necessary as a condition. Commissioner Luke asked about the letter from Rural Fire Protection District #1 which requires improved road access. Mr. Blikstad said that this letter did not go to the Hearings Officer but it was not available at that time, since the Fire Department representative needed to visit the location. Mr. Blikstad stated that anything having to do with roads does not require land use approval. There are approvals needed for domestic water and other things. Commissioner Luke stated that putting in additional roads and fire suppression systems is substantially different than what is there now, and he feels changes the impact on the neighborhood. Mr. Blikstad referred to the flow chart of potential decision points. The meaning of the ESEE needs to be determined in relation to a portion of the buildings. The first question needs to be answered in this regard. Does the ESEE prohibition apply only to the construction of single family dwellings on the Outward Bound property? Commissioner Unger feels that the ESEE is an environmental document that is meant to protect the eagles. He thinks it should look at everyone in the same light, as to prohibiting and controlling development. There are conditions of construction in any case. He does not see it as differentiating the zoning as much as it is the behavior of everyone in the area. Commissioner Baney said she does not think it should prohibit alterations. Commissioner Luke stated that State law deals with EFU and MUA and RR-10 differently. He believes that the ESE and the Commissioners at the time might have felt this was a temporary use since it was a conditional use. He feels that the ESEE prohibits any additional construction. If the houses and other buildings were on EFU ground, they could not do construction. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 4 of 12 Pages Commissioner Unger disagreed. He feels this is less a zoning issue than trying to protect the birds. If you determine an economic hardship that allows the surrounding areas to be developed, that is inconsistent with the idea behind the ESEE. There is a difference between a modification or alteration and not new construction. Mr. Pilliod said the ESEE does discuss the circumstances of all manner of alteration, with conditions as to when this work can be done. The appeal was caused by concern over structural development, including adding to the platforms. Or whether this just speaks to single family dwellings. The question is whether this should be any activity, or just apply to single family dwellings. There are specific limitations based on tax lots. It speaks to SFD and then limits activity on certain tax lots. When this is placed on the applicant’s property, is it the intent of the ESEE to just address single family dwellings or any type of change. The Hearings Officer interpreted this more broadly. Commissioner Baney feels this would mean no more cabins but not modification of the existing platforms. She does not feel improving the platforms should be considered new construction, but they should have had approval prior to moving forward with modifications. Mr. Pilliod said that when the activity took place is not before the Board at this time, just the interpretation of the ESEE. Commissioner Unger agreed that the ESEE is meant to control activity within the circle to protect the eagles. Additional new construction should comply with the zoning, but he feels that this is an alternation and may include maintenance, before the ESEE was in place, and thinks that it is grandfathered in. And long before any of the other houses were built, although they were allowed due to potential economic hardship. Commissioner Luke agreed with page 19 of 36 of the Hearings Officer’s decision that the improvements should be removed. This is a substantial change to the property and feels that the use is different. Mr. Pilliod said that it appears that Commissioners Baney and Unger feel that the ESEE would only apply to any new structures being added to the property and not changes to the existing structures. Commissioner Luke said that this sets precedence. Commissioner Baney stated that this seems to be meant just for shelter purposes. There are no windows or doors. They are meant to remain similar to the original use. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 5 of 12 Pages Commissioner Unger does not feel the use would change even if there were doors and windows. The use is for shelter and for storing their items. Times are changing and it might be prudent to add a door and a lock. The use would remain the same. He does not see doors and windows as being an ESEE issue. Mr. Blikstad said that a letter in the record states that the applicant agreed to no further new dwellings. Commissioner Baney said that having doors and windows may end up with this being a cabin. She feels that they would be less than just the intended shelter and storage. Mr. Pilliod asked if this limitation should be on all of the platforms, whether or not inside the ESEE. Commissioner Baney replied yes. This is their proposed model and that is what the public has been given as the proposed modification. This needs to remain consistent. Mr. Pilliod said that they are prepared to satisfy the requirements of the Fire Department and others. Staff needs to work towards addressing new findings that may say that the Hearings Officer’s decision in regard to the ESEE was inaccurate. Mr. Blikstad said that the Hearings Officer did not find that this was a modification of a nonconforming use; or if it was a modification, they meet all requirements. Mr. Pilliod asked if the ESEE discussion was even relevant. The question is, whether this is an alteration of a nonconforming use; and whether the impacts are great if it were. The applicant did not appeal this determination so it may not be relevant to the Board. Commissioner Unger is considering the use, so feels that it is acceptable. Commissioner Baney thought that it was more of a change, but the impacts are the same. Commissioner Luke is concerned about the Fire District requirements, which may require more roads. He thinks there will be more driving resulting from this. And if there are windows, ether can be reflections from the windows that could impact the neighbors and the birds. Mr. Blikstad said there is already a road through the property, but it would be improved for the Fire Department. Commissioner Baney asked if there was a Fire Department requirement when it was just platforms and tents. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 6 of 12 Pages Commissioner Luke stated that the Fire Department has to take into account that Outward Bound may not always own the property. Commissioner Unger feels that the Fire Department is looking at the sleeping component. These structures do not have bathrooms or living areas. There are already roads in place. The neighboring properties have huge structures with lots of windows, although in a different zone, still have impacts. Regarding item #11, the Board agreed that all conditions of the requirements of the Fire Department should be followed regardless of the zoning. The next question is in regard to #5, but Mr. Blikstad said he does not feel this is applicable at this time. Commissioner Luke wants to make sure the structures are where they are supposed to be, using a GPS unit to determine which are inside the circle. Commissioner Unger says they are there already so it does not matter. Mr. Pilliod said that there are maps and aerial photos and it should not matter which ones are in the sensitive area. Commissioner Unger would like to see being able to use new technology rather than an expensive on the ground survey. Mr. Pilliod stated that there could be a GPS designation given to each structure. Mr. Blikstad said that the eagle nest site has changed so that any reference to this in a GPS process would be erroneous. Mr. Pilliod said that future action could be taken by the Board regarding adjustments to Code that reflect the true location of the nest. This would not be part of this decision. Commissioner Luke wants to keep item #5; Commissioners Unger and Baney want to see it removed. Commissioner Unger noted that the birds have been there for thirty years, so obviously something is being done right. Commissioner Luke asked if these structures are to be considered cabins. Tom Anderson said they have been referred to as structures or sheds, not cabins. Mr. Pilliod said that it appears the Board is at the point of making a decision. Commissioner Luke agreed with the Hearings Officer on the structures being inside the ESEE area, including the improvement of the roads. They have the ability to build these in different locations on the property. Commissioner Baney said that in item #6, permits, does there need to be a line item for structure or shed rather than cabin. She asked if item #4 needs to be kept in the decision. Commissioner Unger feels that items #5, #9 and #11 can be eliminated. Findings need to be made on the points that the Commissioners want changed. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 7 of 12 Pages Commissioner Luke suggested that the applicant give a timeframe as to the staining and other work on the structures. Discussion took place and the following suggestions were made by Commissioners Baney and Unger. Keep #1. #2 would be adjusted to change ‘cabins’ to structures. #3 would be eliminated. #4 would be kept. #5 would be eliminated. #6 and #7 stay but appear to be the same thing so can be combined. #8 would stay. #9 would be eliminated. #10 should have no exterior lighting. #11 would be adjusted. #12 is eliminated. Commissioner Baney would like to see wording relating to State Parks or any other agency requirements. She’d like to have wording relating to the openings not being enclosed by doors. BANEY: Move approval based on the above discussion. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes no. (Split vote.) 4. Before the Board was Consideration of Signature of Resolution No. 2010- 136, Transferring Property to Dennis Luke, in Recognition of Service to Deschutes County. Commissioner Unger discussed the old PDA that has no value to the County, but Commissioner Luke is in possession of the PDA and it would be useful to him. Dave Kanner said that in his opinion it would be thrown in the trash but the law requires action to give it to anyone. Parts are no longer available. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Abstain. Before the Board was Consideration of Approval of the Consent Agenda. The Board discussed consent agenda item #6. Mr. Blikstad said that the State is paying for the road construction but is moving access to the Highway. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 8 of 12 Pages The initial cost figure was $680,000, but ODOT wants to subtract the work that has already been done. The Bolkens have not yet signed the agreement because the amount is uncertain. Mark Pilliod stated that the Board could approve this document, subject to the adjusted amount. BANEY: Move approval, subject to the adjustment in actual cost based on the determination made between ODOT and County staff. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. _________________________________________________ BANEY: Move approval of the consent agenda, except for item #14 as I have not yet had a chance to read the minutes. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 5. Signature of Document No. 2010-731, a Deed of Dedication for an Extension of NW 12th St., Terrebonne, to Accommodate the Bolken Acres Subdivision 6. Signature of Document No. 2010-714, an Improvement Agreement for the Bolken Acres Subdivision 7. Signature of Document No. 2010-683, Extending a Lease to the State for Computer Server Space 8. Signature of a Letter Reappointing Mike Maier to the Deschutes County Budget Committee, through December 31, 2013 9. Signature of a Letter Accepting the Resignation of Jerry McCue from the Forest View Special Road District Board, and Thanking Him for His Service 10. Signature of a Letter Reappointing Clyde “Bud” Preston to the Forest View Special Road District Board, through December 31, 2113 Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 9 of 12 Pages 11. Signature of a Letter Appointing Ann Wiley to the Forest View Special Road District Board, through December 31, 2012 12. Signature of a Letter Accepting the Resignation of Bob Sweeney from the River Forest Acres Special Road District Board, and Thanking Him for His Service 13. Signature of a Letter Appointing Greg Jones to the River Forest Acres Special Road District Board, through December 31, 2013 14. Approval of Minutes: ƒ Work Sessions of December 6, 8 and 15 ƒ Business Meeting of December 8 CONVENE AS THE GOVERNING BODY OF COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 15. Before the Board was Consideration of Signature of Document No. 2010- 730, A Promissory Note between Deschutes County and Countywide Law Enforcement District 1, Allowing for Funding to Complete Capital Renovation Projects in the Adult Jail. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 16. Before the Board was Consideration of Signature of a Letter Reappointing Mike Maier to the Countywide Law Enforcement District #1 Budget Committee, through December 31, 2013. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 10 of 12 Pages CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY RURAL LAW ENFORCEMENT DISTRICT #2 17. Before the Board was Consideration of Signature of a Letter Reappointing of Mike Maier to the Rural Law Enforcement District #2 Budget Committee, through December 31, 2013. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 18. Before the Board was Consideration of Signature of Document No. 2010- 723, Approving an Agreement Replacing the Deschutes County Regional Law Enforcement Records Software System. Mike Porterfield, Bob Haas and Rob Poirier gave an overview of the need for the system. Mr. Porterfield said that all five local entities are a part of the system at this time. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 19. Before the Board was Consideration of Signature of a Letter Reappointing Mike Maier to the 911 County Service District Budget Committee, through December 31, 2013. BANEY: Move approval. UNGER: Second. Minutes of the Board of Commissioners’ Business Meeting Monday, December 20, 2010 Page 11 of 12 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 20. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District in the Amount of $40.55. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,761.85. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 22. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $773,735.68. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes.