1997-06241-Minutes for Meeting December 11,1997 Recorded 2/20/19970156-1472 97-Om24{1 EXCERPT FROM MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS -.. December 11, 1997 -- CD 1. PUBLIC HEARING: ON REOPENING THE RECORD ON THE COSGRAVE VARIANCE FILES •A-96-12 Before the Board of County Commissioners was a public hearing on the reopening of the record on the Cosgrave variance files V-95-11 and A-96-12. Damian Syrnyk reported this was a reopening of the record on variance V-95-11 and appeal A-96-12. The applicants in this matter were John and Jennifer Cosgrave. The subject property which was subject of this hearing was located at 63225 Lookout Drive, and identified on Deschutes County Assessor's map 17,114 as tax lot 1200. The hearing was being held to consider any rebuttal from parties regarding some exparte contact. The notice for this hearing was dated December 5, 1997. Bruce White reported there were some outside of the record contacts from which he deemed it necessary to reopen the hearing this matter. He felt it may be that the contacts were not exparte in that they were not necessarily factual evidence the Board received, but there were comments which were irregular and it was felt the applicant, or any other parties, should have the chance to respond to that statements which were made. A notice was put together to reopen the record to all parties to include the substance of the contacts which were made outside the record. Bruce White listed the contacts which were made: a letter received September 12, 1996, from Bruce Brothers, Planning Commission member, to Commissioner Nipper and Slaughter with a copy to Commissioner Schlangen; a letter received from Ted Schaussberger, Planning Commission, written to all Commissioners; a contact between Commissioner Slaughter and Planning Commissioner Everett Turner which was initiated by Commissioner Slaughter; Commissioner Nipper's response to Planning Commissioner Schaussberger and Brothers letters; partial verbatim transcript of a tape of the meeting between the Deschutes County Commissioners and Planning Commission that was held on October 9, 1996, (it was a partial transcript because part of that meeting was not recorded); included with that transcript was a copy of the agenda for that meeting and a copy of the points that were set out by staff in responding to comments made in that meeting; and a summary of the contact between Commissioner Nipper and two MINUTES 1 DECEMBER 11, 1996 KEY F `I Y 0156-1473 members of the staff of Oregon Department of Fish & Wildlife of the meeting on November 1, 1996. Bruce White further stated that this hearing was a chance for parties to rebut by oral testimony the substance of those outside of the record contacts. Bruce White added that the meeting between the County Commissioners and the Planning Commission on October 9, 1996, was set up to further communications between the Planning Commission and the Board of County Commissioners. Generally if it was not set up specifically as a lobbying session as there was no expectation by staff that it was going to result in anything other than ongoing communications between the two bodies. Bruce White stated he could not comment on what had caused Commissioner Slaughter to potentially change his mind on this application, but that was not the intent of the meeting. Bruce White further reported a letter had been received from Bob Lovlien of which the Board had copies. Commissioner Nipper stated he took exception to what Bruce White just said regarding the intent of the meeting was not to change their minds. He was sorry, but he felt that was absolute bull. He stated they went around the room and each and everyone of them told us why we were wrong with our decision, so what do you call that. Commissioner Schlangen stated the Board had asked them to meet with them to talk about communications. Commissioner Nipper stated that was absolute baloney. The Board of Commissioners were called boobs by Bruce Brother because we made a wrong decision. Commissioner Schlangen stated we had wanted to meet with them to better communications. Commissioner Nipper said he did too, and that was exactly why he thought the meeting was to be held, but that was not the case at all. Commissioner Nipper felt the reason for that meeting was to tell us that we did not understand the philosophy of a deer winter range and a wildlife overlay and how wrong we were with our decision. Commissioner Slaughter stated there was one other letter from Howard Paine which had been received today. Bruce White stated he had not seen that. Bruce White stated he also had a letter from Bill Boyer and he was not sure his comments were in the nature of rebuttal. He felt Mr. Paine's letter was not MINUTES 2 DECEMBER 11, 1996 0156-1474 in the form of rebuttal either and not appropriate to be considered. Bruce White reported there was a letter from Bob Lovlien which took issue with the process. Bruce White stated Mr. Cosgrave and Ted Weise were in attendance and were entitle to address the Board if they had comments to rebut the substance of the outside the record contacts. Chair Schlangen opened the public hearing. John Cosgrave stated he was not given enough time to respond to the volumes of new evidence and he had just received the information the day before. He felt there was so much it would take him days or weeks to prepare a response because there was a lot he would have wanted to respond to. He reported he had been advised by counsel not to participate in this hearing, which was spelled out clearly in Mr. Lovlien's letter. The one thing he added was that on a personal note, there was a smell test here about this proceeding. He stated that if this decision had originally gone against him, he seriously doubted that he would have been granted an audience to present new testimony, new evidence, new argument in an effort to persuade Commissioners to change their mind on a decision that had already been made, and then after that, for the Commissioners to open the record in an attempt to legitimize that testimony. Bruce White stated he had a conversation with Mr. Lovlien in which Mr. Lovlien had told him they were questioning whether they were going to participate. He stated Damian Syrnyk was also advised by Mr. Cosgrave that they were not intending to participate. Commissioner Schlangen questioned as to where the Board went from here. Bruce White felt the Board was going to need to revote. Bruce White reported the packet of information was delivered to Mr. Lovlien's office the previous Thursday, so Mr. Cosgrave's attorney has had that information since then. Mr. White stated it sounded as though they would not have participated no matter how much time was given to them. Bruce White reported the notice stated that we would receive any comment through the end of the day. Having received written comment from Bill Boyer and Howard, he felt the Board MINUTES 3 DECEMBER 11, 1996 0156-14'5 had received all the written comments they were going to get unless Fish & Wildlife was to submit something before the day was through. Bruce White stated the Board was going to have to make a decision. He clarified that an oral decision was not a decision of the County. The decision was the decision that was in writing, and not having gone to a written decision, there was not yet a decision in this case. He stated that in order for staff to present to you something for finalizing the decision, they have to know what your preliminary decision was going to be. He felt the Board was going to need to take another vote. Commissioner Nipper stated he would be in Salem for a meeting on Monday, but would be available by phone to vote on this decision. The County Commissioners agreed they would make the oral decision at 10:45 a.m. on Monday, December 16, 1997. DATED this 11th day of December, 1996, by the Deschutes County Board of Commissioners. f t Nancy Po Sc Tangen, Chai Barry H. Slaughter, Commissioner ATTEST: (11 "Oy- Recording Secretary Rob rt L. Nipper, Comm sioner MINUTES 4 DECEMBER 11, 1996