HomeMy WebLinkAbout2010-12-20 Business Meeting MinutesDeschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
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MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 20, 2010
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Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
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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.
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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:
Work Sessions of December 6, 8 and 15
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.