2004-1281-Minutes for Meeting September 22,2004 Recorded 10/12/2004COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKOS CSI 2007.1281
COMMISSIONERS' JOURNAL 1011212004 03;42;18 PM
1111111 11111111
2004-32ai
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
{ Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 229 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf.
Also present were Mike Maier, County Administrator; Tom Blust and George
Kolb, Road Department; Nancy Blankenship, County Clerk; Greg Canfield,
Mental Health Department; Andrea Blum, Commissioners' Office; media
representative Chris Barker of the Bulletin; and six other citizens.
Chair Mike Daly opened the meeting at 10: 01 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Order No. 2004-078,
and Letters Appointing Five Citizens to the Board of Property Tax Appeals.
Nancy Blankenship gave an overview of the candidates, who are currently on
the Board. She said that seven applications were received. This group
volunteers a lot of time as they handle between 300 and 400 petitions per year.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 1 of 22 Page
3. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2004-066, regarding the Legalization of a Portion of Sisemore
Road.
GEORGE KOLB:
This public hearing concerns a portion of Sisemore Road that is located south of
Tumalo Reservoir Road, and it goes south to the north boundary of Forest
Service property. We were approached by the owners of tax lot 500. During
their partition process they found out that this road had not been legalized in its
current location.
The road was originally established in 1892, and went across Bull Flat. As a
result of the construction of the reservoir, the road got moved to the east to its
present location. Crook County, in 1912, started the legalization procedure for
this road. Three months later Deschutes County was created and the process
got dropped. They approached us about doing the legalization process. If you
look at ORS 368, the county governing body may initiate proceedings to
legalize a county road if the road has been traveled and used for ten years or
longer, and does not conform to the location of the road described in county
records.
DEWOLF:
If this was from the 1800's, we probably meet that criteria of more than ten
years.
KOLB :
I have been contacted by three people, one being Mr. Bill Kuhn. One of his
questions was the notification process; specifically, the State of Oregon and
Oregon Department of Fish and Wildlife. He asked whether it was possible that
the Oregon Department of Fish and Wildlife owns parcel 17-11-04-A 600, and
not the State of Oregon Lands Division.
I contacted the Oregon Department of Transportation regarding their right of
way section; they have no ownership in this land and recommended I contact
the Department of Administrative Services. I contacted Fred Lord there and
explained to him that we had contacted the Division of State Lands. He felt
that, based on the information he had, that was probably as good as we can do.
We contacted a state agency and they returned the certified mail to us, so they
received it.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 2 of 22 Page
We did find a deed that the property, in 1913, was sold to the Desert Land
Board of the State of Oregon by William Roach. Well, there is no Desert Land
Board now, so our feeling is that, following ORS, we notified the Division of
State Lands, and it was posted and published in the paper.
LUKE:
The State of Oregon is the owner of the property.
KOLB :
That's all it says on the Assessor's records.
LUKE:
I used to have to explain to State agencies all the time that buildings and land
belong to the people of the State of Oregon. The Division of State Lands and
the Department of Administrative Services are the ones that administer the
buildings and property.
KOLB :
We talked with them, and they didn't have a problem with what we had done
regarding notification.
LUKE:
Regarding legalization of the road, the road is going to be where it has been
traveled for many years. The same thing happened at Deschutes Junction,
actually. The road there used to be on the east side of the tracks from the
pumice plant clear down to the power substation. I know this because it came
out of my father-in-law's property. At some time people started crossing the
tracks there and going down the west side of the tracks, and it went from dirt to
gravel and eventually the County paved it. Now it's a County road, and it came
out of that piece of property.
KOLB :
Another good example is when we did Pinehurst Road. The road is there, we
aren't changing the location of the road; it's just that we are clearing up the
legal status of it.
DALY:
Is this road improved at all?
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 3 of 22 Page
KOLB :
It's just a gravel road. We don't maintain it. It's shown on our system as a
road, but we only inspect the bridge that is located on it just south of Tumalo
Reservoir Road. It would be maintained by the residents, if at all.
I also got a call from Jan Fuller, and she was curious what the legalization
process was. I explained everything to her. She was in favor of it. I told her
she could come by the office and look at the maps, but she never did. Her main
concern was that there will still be access from Tumalo Reservoir Road south to
that Forest Service property, because she rides horses down there.
Ann Cobb is at the hearing. She called to inquire about it, and is in favor of it. She
was going to come in the office and look at the maps but we never got together.
LUKE:
Is there any opposition?
KOLB :
I have not had any calls in opposition of it.
Chair Daly opened the public hearing at this time.
WILLIAM KUHN:
My name is William Kuhn, and I live at 65575 Sisemore Road, in the Tumalo
winter deer range. We have been trying to locate the owner of the parcel that
road actually goes across, the one that George has been referring to. And we
don't know yet who the owner is. We think that it might be the Oregon
Division of Water.
DALY:
Which parcel are you talking about?
KUHN:
I think it ends in 600. The bottom right one. According to the County
Assessor's Office, it says "State of Oregon". But, and this is the big "but",
something happened in 1969 on the Assessor's records. And there is no
reference to it in volume and page within the County's information. Please
understand I am not in any way trying to tell you how to do your work. But we
would really like to talk with the owner of that parcel so that we know whether
we should object.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 4 of 22 Page
And because we have not been able to find somebody at the State who says,
"This is our land", we want to be able to talk to somebody who in fact has this
on their inventory. Because these records are so unkempt, and even the
Assessor's Office is saying that they don't know who owns it, the process is
that if there is a change in ownership, then it gets recorded.
Well, out of our frustration we went to the Bureau of Land Management and asked
them if they owned it. And in fact they are claiming that they own it, but they
can't prove it. And this goes back to the Carey Act of Reconveyance. Originally
this Act was the land act passed by Congress that gave the state the land so that
they could then give to homesteaders. And I've not investigated the Carey Act
enough to know what the process is if somebody defaulted on their homestead.
We think that this might have been considered part of that because the BLM
(Bureau of Land Management) shows it as the Carey Act of Authority as to how
they required this property.
DEWOLF:
Can you explain why it matters?
KUHN:
Because the BLM cares about this land. This is an area of critical habitat for
BLM. It's not necessarily for this land, but the area around it.
DEWOLF:
This is a road that is in existence and has been used, and the used isn't going to
change.
KUHN:
We understand that, Tom.
DEWOLF:
So I don't understand what the objection is.
KUHN:
We simply wanted to talk with them so that we could find out what their
position was. That's all.
DEWOLF:
I understand what you are saying, but don't understand the implications of what
you are saying.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 5 of 22 Page
KUHN:
We would like for whomever it is that is the owner of the property to at least be
notified of this situation so that we can talk with them about this.
LUKE:
If our records, if the County records show the State of Oregon owns it, that's all
we can go on. My belief is that the Division of State Lands is the owner, the
entity that can buy and sell land for the State of Oregon. The Department of
Administrative Services manages the buildings but not bare ground.
If the Department of Fish and Wildlife has a concern, it is because the Division
of State Lands has asked them to oversee this ground for them. -But the
Division of State Lands is the people who buy and sell property for the State of
Oregon. If our records show that the State of Oregon owns the property and
they have been notified, and they know about this and have no objection, the
owner has been notified.
KUHN:
Then I will have to submit this to the County. It's our feeling that the State of
Oregon does not own the land, and in fact it even, shows up on the map as being
owned by the BLM.
LUKE:
On BLM's map?
KUHN:
It was provided by the Bureau of Land Management, and is their map. Again,
our attempt is to communicate to you our concern as a citizen of this state and the
United States that we would like to talk with the owner of this land. And we
have not been able to find the owner. Nobody is willing to say, "We own it".
DEWOLF:
It sounds like two are saying they own it. Is there any further way we can find
out who owns this land?
KOLB :
All I can do is go by what is in the County Assessor's records. They show the
State of Oregon. I was never contacted by the BLM. I didn't notify them
specifically, but it was posted in the newspaper.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 6 of 22 Page
DEWOLF:
Is there any problem with checking with the BLM and see what's going on with
them?
KOLB:
I suppose we could.
LUKE:
George, it shows the BLM owns property below this.
KOLB :
That's Forest Service. I looked on a Forest Service map and it is shown as
U.S.F.S. They were also notified.
LUKE:
My wife's grandfather homesteaded under the Carey Act, on Gray Butte. That
was run by the Forest Service, because they were the ones who got the old deed.
KOLB :
I checked the Forest Service map to make sure it was on there, and it was so we
notified them.
DEWOLF:
I still can't understand that if the BLM owns it or if the State of Oregon owns it,
in either case how that would have any implications on whether this road is
recognized as a road.
KUHN:
Because it goes across their property.
DEWOLF:
And?
KUHN:
It's possible that they might object to it. I don't know, Tom. I'm just saying
that we would like to talk to them so we can get their sense. That's all, Tom.
LUKE:
Well, give them a call.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 7 of 22 Page
KUHN:
Excuse me, Commissioner Luke. This is what we have been trying to do. We
have sent e-mails to people. We have communicated with them. They have
said that this is a process that takes time, to figure out who owns this property.
LUKE:
Not according to our records. All we can go by is our records.
MIKE MAIER:
Could we send a letter to both the Division of State Lands and the BLM?
KOLB :
We did send one to the Division of State Lands.
MAIER:
Okay. We could say, here are our plans, here's what we are doing. Do you
have any objections. If you do, let us know by whatever date. And, Mr. Kuhn,
if you want to talk to them, there's nothing to prevent you from contacting
them.
KUHN:
We've been trying to.
MAIER:
If they don't want to talk with you about this, maybe they don't care.
11,40180101
Excuse me, sir. There are different divisions, and you have to find out first of
all who owns the land so that you can determine who it is with that organization
that would be the person to talk to. That's all. We need to find out who owns
the land first.
LUKE:
If the State of Oregon owns it, the people to talk to are the Division of State
Lands staff. That's it.
KUHN:
They have denied owning it. It is not in their inventory.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 8 of 22 Page
LUKE:
I believe then that it probably belongs to Deschutes County.
KUHN:
We have already submitted a communication to the State that we would like to
homestead it, and they have said that they have to determine whether they own
it before you can homestead it. We're going to claim the land first, because our
claim is in there first, sir.
What I am asking is that we find out who owns the land. (He submitted a
document to the Board at this time, a copy of which is attached as Exhibit B.)
DEWOLF:
We can do our best. That's all we can do.
ANN COBB:
My name is Ann Cobb, and I live at18295 Tumalo Reservoir Market Road. It's
not Sisemore Road; my address has always been Tumalo Reservoir Road since
1970 when I bought the land. That's where I live. You turn left at the end of
Tumalo Reservoir Road and you have to go left or right, or into the reservoir.
You turn left, you cross a little bridge, and then you turn left and that's my land.
In 1976, or between 1976 and 1978, my husband and I decided to find out who
owns the road, and we wanted to buy the land to go down to the road. He found
out — and he's very astute — that the State of Oregon owns the land. I can give
you his telephone number and you can talk to him on the phone. I don't know
exactly the date, but I think it was like 1978. So I hope you make it a legal
road. Thank you.
LUKE:
You are in favor of the legalization of the road.
COBB:
Very much so.
JAMIE HILDEBRANDT:
My name is Jamie Hildebrandt and my address is 16880 Barber Way. I've
worked at Rock Springs Guest Ranch since 1985, and have been working in this
area as far as the land ownership and use goes for quite some time. (Referring
to oversized maps.) Our land —
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 9 of 22 Page
LUKE:
I need to tell you something. This is a public hearing, and if you introduce
these maps into the record, they have to stay in the record.
HILDEBRANDT:
That's fine.
LUKE:
Just wanted to let you know. Sometimes people bring in picture and stuff.
DEWOLF:
You can get them back. We can make copies.
HILDEBRANDT:
This map was actually generated during the Crown Pacific land exchange in
1996. This shows the allotment where Rock Springs Guest Ranch has a grazing
allotment. This allotment actually goes across that 600 lot. On BLM maps this
600 lot is included. It goes to the other side of what you are calling Sisemore
Road.
This strip here is now Forest Service, as part of the trade. I actually met with
the guys and we created this little strip around the reservoir so that we could
access the rest of the Deschutes National Forest from the end of Tumalo
Reservoir Road.
This map here shows a trail system going through the allotment and going onto
Forest Service land. Part of that trail system is that road. It's part of the road
system that we put in to the BLM for our permitting process at Rock Springs
Guest Ranch. It continues on to the Forest Service strip and continues around
the reservoir, and enters into the rest of the National Forest.
The long term plan is to create an equestrian park out there where people could
go to the end of Tumalo Reservoir Road, and access the reservoir and the land
around it. Going back to this map, not only is this now Forest Service land
here, this is what you are calling State land. In the late 1980's the State shut
down the reservoir, the reason they shut it down was because of the uses that
were going on and abuses going on at the reservoir.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 10 of 22 Page
What happened at the time is that windsurfers really wanted to use it, and they
contested this and found out who owns the land around it. It wasn't Tumalo
Irrigation District, so they couldn't shut it down. So the State actually was then
put in a position of having to decide, so they just gave the land to Tumalo
Irrigation District. It is actually State land but is under the jurisdiction of
Tumalo Irrigation District as long as they do what they are supposed to be
doing. If for some reason the reservoir should go away, like if the piping
projects go through and they no longer need the reservoir, that land will revert
back to the State.
So, basically, all of this is public land. That's the beauty of it. It's under
different ownerships and it has taken a while to create what we are trying to
create out here. Basically we'd like to create an equestrian park that goes out
into this area out here. The BLM has been a part of the Upper Deschutes
Management Plan for the last three years. We've been doing that process
together.
I've got maps here and can explain this to you. The BLM has identified the
Woleski (spelling?) allotment and all of their lands going north along Sisemore
Road, which is actually on both sides of Sisemore Road as you continue out
there. I don't think the decision will come out until this fall or next spring. In
all the alternatives, this land is going to be non -motorized, exclusive use. It will
also be shut down to shooting. The Woleski lot will be shut down to firearms
discharge entirely. This area here will be shut down except for legal hunting in
hunting season with a license.
The whole theme is to get non -motorized vehicle use in that area. Extending a
road down through there kind of — I guess I'm trying to get to your point of
what difference does it make if this road is extended. Right now, the road stops
right there, as far as legal matters are concerned. Now you are proposing to
extend it back down here. I guess I have a concern that you have the owner of
the land, or the claimed owner of the land saying we want to shut this down to
motorized vehicle use, but you're saying, let's make a public road in here. So I
guess I have that problem going.
I also have the problem of you saying the bridge is inspected by you guys. But
legally you don't have to take care of the bridge. It's a wooden bridge, and
sooner or later it is going to need maintenance and repair. The road is also
going to need repair. I don't understand why the County would want to take on
that expense. Because if you say, okay, this is now our County road, you are
also going to take on the responsibility.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 11 of 22 Page
DEWOLF:
We have over 2,000 miles of road. We take care of less than half of that.
KOLB:
We wouldn't maintain that road.
HILDEBRANDT:
Okay. In my mind, do you see what I'm saying?
DEWOLF:
I understand. A lot of people assume that, but it's just not the reality.
HILDEBRANDT:
To me, it seems like there are a lot of things going on out there that benefit the
County by not having that road in there.
LUKE:
All this hearing is about is that the road has moved from where it was originally
surveyed, because people from the early 1900's have been driving there. All
this hearing is about is saying, okay, we are going to legalize the road where it's
at and not force people to move it back to where it started out being. That's all
we're doing.
HILDEBRANDT:
My concern there is that if you legalize the road to the south, where does it end?
Do you end it at the lot 600?
DEWOLF:
It goes through lot 600.
HILDEBRANDT:
According to what you are doing here. But the original road went all the way to
the Old Mill District.
LUKE:
All we are doing is a little section of it.
HILDEBRANDT:
I guess my point is, what about the next person that come and says they want to
extend it.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 12 of 22 Page
LUKE:
That's a different hearings process. That would include a whole bunch of
different issues and I'm sure a lot of people would be testifying on it. All we
are doing is legalizing a road that already exists.
DEWOLF:
I've got no problem with contacting the BLM if they weren't noticed. We
could get their input.
HILDEBRANDT:
And that's why I'm giving you this information. It is part of the Wileski
allotment and part of their inventory.
DALY:
You think it is BLM land.
HILDEBRANDT:
According to the maps I have, they think it is. Bull Springs Ranch is right
across the road from it. We were kind of questioning whether we could go off
of BLM land and access the reservoir, onto Tumalo Irrigation District land.
And the question was, where does it end. I was out there with Robin, the field
manager person for the BLM. She said their land goes on the other side of the
road.
LUKE:
Without a survey, they don't know for sure. I'm sure there probably aren't'
very many survey markers out there.
HILDEBRANDT:
But that lot 600 is in their inventory as the Wileski allotment. I mean, Rock
Springs Guest Ranch has a grazing allotment that shows that from the BLM.
LUKE:
But the Division of State Lands could have contracted with the BLM to
administer it, too. You never know.
HILDEBRANDT:
That's beyond my scope of thinking.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 13 of 22 Page
DEWOLF:
Well, it is worth asking the question.
KOLB :
But do we extend the public hearing, then, or what?
1016143
We could extend the public hearing for a couple of weeks while you get in
touch with the BLM and get their input on this thing.
HILDEBRANDT:
Do you understand what we are trying to do out there? Reducing the public
access with motorized vehicles into that area.
DEWOLF:
Are you suggesting that we take out the rest of Sisemore Road?
HILDEBRANDT:
No. I think Sisemore Road should be left in the state that it is now. I don't
think it should be paved.
DEWOLF:
We aren't going to do any of that.
KOLB :
Part of it is that there is a private parcel at 200 that needs access. We can't
legally land lock that owner.
HILDEBRANDT:
But they do have access, even if you don't legalize the road, they still have a
right of way.
DEWOLF:
That's the problem. We don't have right of way.
LUKE:
We're not legalizing it as a County road. We are legalizing it where it's at.
Someone could actually come in and say, that road is on my property and I
want it moved back to where it really is supposed to be.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 14 of 22 Page
Over a period of time it is almost an adverse possession situation. If there is
private land and you start driving on it, I think over ten years, and you can
prove that you had unlimited access for ten years, that road is there.
This road has been there since the early 1900's. All we are going to do is say
that this road is surveyed right here, it's not really up here, it's down here. It
helps them do their maps and gets things legal.
DEWOLF:
It doesn't change the use or the design of the road. All it does is say that
instead of being over here where the maps show it is, it's actually where it is.
HILDEBRANDT:
But let's say in the scheme of our equestrian park, if we want to put a parking
lot at the end of Tumalo Reservoir Road, then people could say this is a public
road going to the south.
LUKE:
Who owns the property that you want to put the parking lot on?
HILDEBRANDT:
The State.
LUKE:
Okay, the State would go through a public process.
HILDEBRANDT:
I understand. It complicates things if you have a dedicated County road. Right
now you don't have a County road going to the south.
DEWOLF:
That's what we do have. It's just not where it's being used.
HILDEBRANDT:
If it's not legalized, then you don't have one, right?
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 15 of 22 Page
LUKE:
No. There is a legal right of way. Okay. The road happens to not be in it. We
could in fact tear out the road that is in the wrong spot and create the road
where the legal right of way is. That's a lot of work. You don't want to do
that. All we're saying is that road where it is at has been moved from here
down to here by use over the years. That's all we're doing.
HILDEBRANDT:
Maybe I'm misunderstanding. From my perspective, there is no legal road
there.
DEWOLF:
There is.
LUKE:
There is a legal right of way. It just wasn't used where it really is.
HILDEBRANDT:
Okay, that's just a misunderstanding.
KOLB :
The actual established right of way is this line right here.
HILDEBRANDT:
So basically there is a right of way all of the way to the Old Mill District, then.
KOLB :
So technically someone could come in and build a road right through here, if
they can locate where this is, all the way to the Old Mill District. What
happened is when they did Bull Flat, they said we need to move this road over
to here so we can build the reservoir. And in about 1913 they started the actual
process for Crook County to legalize it from here over to there, but the process
never got completed.
LUKE:
If the road right of way is there, someone could build a road there. We want to
move where that right of way is now to where the road is.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 16 of 22 Page
DEWOLF:
So that things stay as they are.
HILDEBRANDT:
My question is, is it possible to get rid of that right of way then? One of the
concerns and reasons the Forest Service jumped on board with creating this
strip around here was to deny access to Crown Pacific.
DEWOLF:
But the Forest Service doesn't object to the legalization of this road.
HILDEBRANDT:
I'm just explaining to you that this whole area here is Crown Pacific land. At
the time no one thought they would sell their land, but obviously they are
starting to sell the land out by Shevlin Park. But the whole concern was that if
they did start to sell their land out there, the only paved road access that they
have into this whole block of land is by Shevlin Park, Tumalo Reservoir Road,
and Three Creeks Road out that way.
So I guess my question is, can they now actually come in here? From the
information that you're telling me, they could actually come in here and say,
Sisemore Road used to go all the way through down to the Old Mill District,
and now we can put in a road here.
LUKE:
It would take a land use process. We have abandoned rights of way on many
occasions.
HILDEBRANDT:
That's my question. Wouldn't it seem prudent in this case to abandon the right
of way? Do you see it used in the future?
KOLB :
Part of the legalization process is, technically, by legalizing this, the other is
gone. Any records that refer to this are null and void as a result of the
legalization. Eventually we should legalize from here on up to there. The
reason this is being done is that we were approached by the property owner.
They are basically taking care of everything, the surveys and all, to do this.
Eventually this should be legalized from this to that point, making the other null
and void. Anything else would be a separate vacation process.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 17 of 22 Page
LUKE:
And when you start that process, someone is going to say, I didn't know I could
build a road there.
HILDEBRANDT:
I guess I feel like I've presented enough for you guys to make a decision.
LUKE:
George, is there any reason that we need to keep these maps in the record? Are
there any that we can't reproduce?
KOLB:
I don't think we need them. What I'll do is contact the BLM.
HILDEBRANDT:
About the Carey Act, it was actually closed about a year and a half ago. There
was a guy who actually claimed some land out on Tumalo Reservoir Road, and
they found it the Carey Act was still legal. He was going to get it, but wanted
more and finally went to court, and lost it all.
BARBARA TYLER:
I live at 1129 NE 12th Street in Bend. I've been working with Ann Cobb for
about four years because she realized that her property was landlocked since the
road wasn't a legal road. She has been using the property that the State of
Oregon gave to Tumalo Irrigation District to get on her land. Her tax lot is 500,
and there is another piece of private property, lot 2000.
DEWOLF:
Is there a home on that property?
KOLB :
There is, but no one is living there. We did actually get the certified mail
receipt returned to us, so they were notified.
TYLER:
I do have a letter here dated 1914 where the County did say that this road
should be public for the public's best interest. It says Crook County on it. I
have copies showing this was a concern, and that everyone was in favor of it at
that time. I also have a letter from Mike Berry that shows his research on this
issue.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 18 of 22 Page
I just wanted to stress that the County had this road shown as a public necessity.
I have been out there numerous times, and people do use that road. They drive
to the end of it and ride their horses. So the legalization of it wouldn't change
anything at all. And it would solve a problem for both Ann Cobb and the
people at the end of the road, who are landlocked.
KOLB :
We already have copies of this information.
DALY:
Does the road actually end at the end of the legalization?
KOLB :
It turns into kind of a trail into the Forest Service property. There is no further
right of way in the road's present location.
DEWOLF:
By doing this we are abandoning the other right of way. We are in essence
creating a cul-de-sac.
KOLB :
At the end of what we are legalizing there is no right of way. It ends there. The
other 1892 alignment continues on.
107:11 W&
I guess my question is, can cars drive down to the end of this legalization and
continue on?
KOLB :
At the Forest Service property? It's really not a road. There's no number on it
that I know of. The legalization recognizes access to the privately owned
parcels.
TYLER:
Tumalo Irrigation District, where the majority of the road is right now, is 100%
in favor of the legalization.
The hearing was continued to Wednesday, October 13.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 19 of 22 Page
4. Before the Board was Consideration of Signature of Resolution No. 2004-
091, Appointing Scott Johnson as Grant Administrator for Mental Health
County Financial Assistance Grant Agreements.
Greg Canfield said that he had one additional piece of information for the Board
regarding whether to extend this agreement into future years, not just for 2003-
05. Commissioner DeWolf replied that no one knows how long someone
would be in place, and wants to keep the flexibility of have a final date.
Commissioner Luke added that a decision could be different in 2005.
LUKE: Move signature of the Resolution that concludes in 2005.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
5. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$134,261.83 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
6. Before the Board was Consideration of Approval of Weekly Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,648.58 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 20 of 22 Page
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,484,396.94
(two weeks).
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Resolution No. 2004-
111, Opposing Measure 34, the "Tillamook 50/50 Plan".
Commissioner Luke stated that this has been discussed by the Board several
times. The Ballot Measure was brought forward in an attempt to manage
some state forests. Joe Stutler, the County's Forestry Specialist, did some
research for us and brought us a resolution at our request. We want to oppose
this Measure because of the financial impacts on coastal counties and forest
practices.
LUKE: Move approval, with a copy to be sent to Tillamook County.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
B. Before the Board was Consideration of Signature of Resolution No. 2004-
117, Approving the Fifth Amendment to the City of Redmond South
Airport Industrial Area Urban Renewal Plan.
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 21 of 22 Page
Commissioner Luke stated that the City approached the County on this issue.
Mike Maier added that it does not increase the amount, but allows the City to
complete the projects they have already begun. At some point they may want
to expand the area or keep the district in place longer. This would extend the
time frame for fifteen years.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 11:35 a.m.
DATED this 22"d Day of September 2004 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
Attachments
Dennis R. Luke, Commissioner
• - • �77-hgsioner
•
Exhibit A: Sign -in Sheet (1 page)
Exhibit B: Documents provided by William Kuhn (8 pages)
Minutes of Board of Commissioners' Meeting Wednesday, September 22, 2004
Page 22 of 22 Page
H
P.
F5
q
M
N
L
V
•�
0
N
N
N
d
CO
K
ca
LL
O
O
t
�
CL
M
c
m
�
=
o
CL
N
C
d
d
C
•y
L
E
q
O
V
O
M
L
MO
W
V
o
z
�
�
�
W
m
`
Exhibit
Dorrca of /
q
f
h
71�—
1
10
x T
f x )
{
t'.
71�—
1
10
MM4
''HAA
71�—
10
''HAA
i'Fkgw^ �'g' Yn4JtN?�iT-?i1��FblA
3
Exhibit
4
Page _� of
Is
4d
W
a
•
M
d
Exhibit
Page ;z- of �_
X
c
(n
L
in
L
M M
N
N
CD CD
CL
cn
Z
O O
O O
Ail
0
CD O
(n
p p
V
O
w C)
O
LY
O(DZ
,p
00
a)
E
O
=Z
..
c
a
Z
Z
`;_-
>
s
°ri m
O
C
v)
cnQ
c�
ayi
E
I
-a
>
s.
N
y _j
m
aj
0
w
c
LD
a
co
G
C
Cl
C)
C}
I
C)fo
{�
p
C3
CT
~
X
J
0
v
-C
N
U N
A
a
Q M
CC
Q
N
C
cu ;a
L
t0
C"u in
U)
t69
Nco
W
U
N
m
U
F—
a)
Cn
C
Z
o a)
a)
ce
(h
)
(Da)
g6
C
(�
f6
>
in C
Cl
0)L
Q
a)
to C/1 rn U
O
0
io F— Z
%' i' Q W
Ln
t
L'
U)
c o
O
Q�
O
y
r U
ar
>
t6
L
a)
N
in
L
O 47
-p
y O
d r+
fn
a
L C
N
y C IC
7
y
CCf
a0+ u
m
= C
N
Z '0
Z
Q
Exhibit
Page ;z- of �_
v
c y
x
LL
N
C
a`
hi
Y
f0
E
0
m
Nbl.2-
L) L)
a
BE
Exhibit_
Page 3 of
X
+�
} L»
i
o
v
a)
cn
n
E
u
(n
w
w
w
w
m
un
w
v)
rn
U)
w
N
rn
N U)
O
7
7
7
3
7
7
7
7
7
7
7
3
7
3 7
u
O
v
v
v
v
v
U
v
v
v
v
v
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
a)
❑
N
❑
0 N
❑ ❑
U
a
Qp
a)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
C
O
a)
C
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N N
m
c
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E E
(6
t6
(6
f6
f6
(6
(6
f6
(6
f6
(0
fD
fd
f6
(6 (0
M
(OCD
C
O
m
J
O
U
ham-
)
a&
y
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z Z
.0
O
LA
S
t6
CL
i
C
ro
pCp
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W W
4)
fA
U
to
m
ro
—
-
—
-
—
-
—
—
—
—
.-
C1
tea)
—
—
—
m
u
tS
LO
a)
u
tF3
a)
cn
to
cn
In
cn
cn
(n
(n
cn
cn
In
w In
CO
(�
CO
Cp
(D
Cp
CO
(O
Cp
CO
(O
6
6
f0
6 6
❑
'"h
C
Ln
L
p
;�.,,i
u
�C
-
M
O
O
O
�-'
N
N
NM
M
-C
u
p
u
M
M
.-
c-
r
N
N
N
N
N
N
N
N
N
N N
d
N �;
Q €h
C
C
F- a)
E
t¢(>n
�
0
Z
0
W
0
Z
W
(n
>Z>
>
Z
Z
W
wZ>
>
>W >Z
Na.C
+p
d
u
M
>
Z
Z
W
W
Z
0
W
Z
>
w
>
Z
w
w
>
Z
> >
Z (n
V
Z -0
Q
Exhibit_
Page 3 of
0
N
N
bA
(z
a.
(j) U) (n U) U) U) U) U) U) U) U) (n U) U) U) U) U) (1) U) U) U) U) (n U) U)
L L L L L L L L L t L L L L L L L L L L L L L L L
U U U U U U U U U U U U U U U U U U U U U U U U U
Cl) in N U) U) U) in U) U) U) U) U) U) U) U) U) U) U) U) U) U) U) U) U) U)
N N N N N N N N N N N N N N N N N N N N N N N N N
❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N 0 0 0 0 0 0 0 0 0 N N 0 0 0 N 0 N 0 0 0 o 0 o
00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
z z z z z z z z z z z z z z z z z z z z z z z z z
w w w w w w w w w w w w w w w w w w w w w w w w w
i 1
r r r r r r r r r r r r r r r r r r N N N
r r r r r T r r r r T r r r T T r r r T r r r r r
r T T T r r r r r r r r T T r r r r r T T r r r r
Z w z z w Z w Z w Z Z w Z Z Z Z W Z Z W wwZ U)
w z z w w z w w w z z w z z z w z z 0 z w z w3: w
Exhibit-6--
Page
xhibit6Page L( of IW
0
0
N
0
CN
0
(n (n U) N N N N N N N Cn Cn N N N U (1) N N N N N Cn N N
N N N CU N N N N N N CU N N N N N N N N N N N (U N N
7 3 7 7 3 7 s 3 7 3 7 7 7 15 7 7 7 7 7 7 7 5 7 7 7
LL L t L t L = t L L L L L t L t L t L L L = L L
U U U U U U U U U U U U U U U U U U U U U U U U U
N O N N O N O O N O O N N O N y N N N Cn O N N N N
N N N N N N N N N N N N N N N N N N O O N N N N N
D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N al N N N
OO O O O O O O O O O O O O O O O O O O O O O O O
z z z z z z z z z z z z z z z z z z z z z z z z z
w w w w w w w w w w w w w w w w w w w w w w w w w
N N N N N N N N N N N N N N N N N N N N N —
CO CO CO t0 Cfl t0 CO CO CO CO CO CO CO CO CO CO CD CC) CO CD CO f� h I� �
LO CO W r -ti a0 a0 — — — — — — — — — — — N N M
3: 3: w 3: -,N, 3: w w �: w w 3: 3: 3: 3: w 3: w 3�
cn z z z z z Q? z cn z z W w z z w z z
c cwi� z z 0 w w w z w z z z cwi� w z cwn w z w w w cwi� w
Exhibit
Page of
0
bD
V3
a
O O O O O O O O O O O O O O O
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
W W W W W W W W W W W W W W W
r r r r r r r r N N N N N N N
r r r r r r ww M — W — W — w — W r
0'F" w
Q Q D Q Q Q Z) Q Q Q
d d O d C'i a O d a 0
(� w (n In (n (n z (� Z (� z Z z Z z Z (� z Z
O O O O O O O O O O
N M v — N M N Cl)
F—
Cl) M M � V M O M O rM O M O M O M O M O lt O v O v O
J J J J J J J J J J
.. .. .. .. .. .. .. .. .. ..
Y Y Y Y Y Y .9 Y Y Y
L L L L L L L L L L
w w w m m m m m m m m m m
w �: �: \ d d () a) a) a) a) a) d 0
Z fn (n (n (n N M V r N M r N M
Exhibit
Page _� of 9
d'
`D)
m aU'i
au'i
aNi
aNi
ai aNi
a
a ) aa))
U U
U
U
U
U U
U) U)
fn
(/)
U)
U) to
❑ ❑
❑
❑
❑
❑ ❑
m
a) a)
❑ ❑
❑
❑
0 0
0
0
0
0 O
O O
O
O
O
O
O O
a) a)
a)
m
m
m a)
() ()
m
N
(0
m
m m
>m
a)
a) a)
O O O O O O O O O O O O O O O
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
W W W W W W W W W W W W W W W
r r r r r r r r N N N N N N N
r r r r r r ww M — W — W — w — W r
0'F" w
Q Q D Q Q Q Z) Q Q Q
d d O d C'i a O d a 0
(� w (n In (n (n z (� Z (� z Z z Z z Z (� z Z
O O O O O O O O O O
N M v — N M N Cl)
F—
Cl) M M � V M O M O rM O M O M O M O M O lt O v O v O
J J J J J J J J J J
.. .. .. .. .. .. .. .. .. ..
Y Y Y Y Y Y .9 Y Y Y
L L L L L L L L L L
w w w m m m m m m m m m m
w �: �: \ d d () a) a) a) a) a) d 0
Z fn (n (n (n N M V r N M r N M
Exhibit
Page _� of 9
d'
`D)
d'cn
a) a)
a)
a)
4)
a
a ) aa))
U
U U
U
U
U
U U
a) ()
()
a)
a)
m
a) a)
❑ ❑
❑
❑
❑
❑
❑ ❑
O O
O
O
O
O
O O
a) ()
a)
(D
a)
a)
() ()
m a)
a)
a)
a)
a)
a) a)
m
mN
(>0
(>6
f>6
>N
>N
>N
O O O O O O O O O O O O O O O
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
W W W W W W W W W W W W W W W
r r r r r r r r N N N N N N N
r r r r r r ww M — W — W — w — W r
0'F" w
Q Q D Q Q Q Z) Q Q Q
d d O d C'i a O d a 0
(� w (n In (n (n z (� Z (� z Z z Z z Z (� z Z
O O O O O O O O O O
N M v — N M N Cl)
F—
Cl) M M � V M O M O rM O M O M O M O M O lt O v O v O
J J J J J J J J J J
.. .. .. .. .. .. .. .. .. ..
Y Y Y Y Y Y .9 Y Y Y
L L L L L L L L L L
w w w m m m m m m m m m m
w �: �: \ d d () a) a) a) a) a) d 0
Z fn (n (n (n N M V r N M r N M
Exhibit
Page _� of 9
L
0 0
N
knO
OS O*,
a4 o
N N
N
N
N
(n
N
N
(n
N
N
N N
N N
0)
N
N
N
N
N
N
(L)
N
W 0
3 3
3
3
3
3
3
3
3
3
3
3 3
L L
L
L
L
L
L
L
L
L
L
L L
U U
U
U
U
U
U
U
U
U
U
U U
N U)
N
N
N
V7
N
N
N
N
(1)
N N
N N
N
N
N
N
N
N
N
N
N
N N
❑ ❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑
O O
O
O
O
O
O
O
O
O
O
O O
N 0)
N
O
N
N
—
N
z
r0.
.+
N
N
N
N
(D
N
O)
N
N
N N
f0
f>6
f>6
fU
f6
(0
M
M
?N
>N
>N
>N >N
O - O O O O O O O O O O O O
Z Z Z Z Z Z Z Z Z z Z Z z
W W W W W W W W W W W W W
N X C'4
� o a
cn z cn Z cn z CO Z cn z cn z cn � cn w cn z cn w � cn z cn
(6 co w W 3: co �: (6 R� co �: (D �: �: (6 3 3
O O O O O O o O O O O O
'T — N M 'IT N M It — M It V-
H F" H — H H H 000 H 00-0 H 000 H — F--
0
0 0 0 0 0 0 O H O O— O— O N O()
J J J J J J J J _) J J J
.. ..
tl) N .N N. W. Nl .. .. .. .. N. N.
Y Y Y Y Y Y Y Y Y Y Y Y
L L L L L L L L L L L L
C� C RR CmC CmC CmC m CwC m CmC m mCC
G G G G G G E G E G E G
0) N d (D 0) 0) 0) G)N N d d
r W N w M w q w N w M w q w- , w M w T m q w
Exhibit 13
Page --1 of �S
w
N
t
U
N
N
rAw
0
E
0
Z
w
r
r
M
M
it
W
H
Q
d
Z
W
Z
Of
0
M
F-
0
J
N
Y
E
w
L
0
0
v
v
Ln
v
v
CL
c
0
m
E
O
C
N
O
E
O
C
r6
N
L
0
O
c
O
Y
u
U
O
N
N
U
N
L
CL
(U
L
C
w
O.
N
L
O N
v
=U-)
v w
� Z
c �
U)
,n u
N L
c —°
o
ro
ac
L
uu
N N
N
U
C L
1 w
_ o
m c
y ,o
J a
r,, u
OQj
Z 'o
Exhibit
Page - of