2004-1282-Minutes for Meeting September 20,2004 Recorded 10/12/2004DESCH
UBLANKENSNIP, COUNTY CLERKDS CJ 2004'1181
NANCY
COMMISSIONERS' JOURNAL
1O/12/1004 03;42;24 PM
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DESCHUTES COUNTY CLERK
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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 WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, SEPTEMBER 20, 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; Debbie Legg, Personnel;
George Read and Matthew Martin, Community Development Department; Laurie
Craghead, Legal Counsel; Sue Brewster and Jon Sholes, Sheriff's Office; George
Kolb and Tom Blust, Road Department; Judy Sumners, Risk Management; media
representative Chris Barker of the Bulletin; and six other citizens.
Chair Michael Daly opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
The Commissioners awarded Tom Blust a plaque acknowledging his 25 years
with the County.
WILLIAM KUHN:
My name is William Kuhn, and I live at 65575 Sisemore Road, Tumalo, in the
Tumalo winter deer range. My wife is not able to be here with me this
morning, but she is here in spirit. We are asking for your help.
In January of 1997 my wife and I came to CDD asking for their help in trying to
obtain the required homeowners association and homeowners agreement which
was required by County ordinances for our cluster development. The help we
did get was none, and the advice we received at that time was proven wrong in
civil court. Because of the bad advice and no help on the question at hand, we
had to endure two and one-half years of virtually meaningless mediation with
folks who ultimately walked out of that mediation.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 1 of 13 Pages
We then had to go to civil court where we had to spend $10,000, where we won
and the County was proven wrong in their assumption. As a result of our
victory in court, the owner of the property next to us threatened to burn our
house down and we had to endure various other threats and indignities.
We asked specifically different Commissioners for help during that time frame,
and we got none. We are very frustrated with this situation, and ultimately will
have to go to court again. That is still up for appeal.
The one part of that second civil court case was that we won a portion that said
that there had to be a homeowners association agreement, and we asked the
County to support that. We were told by Laurie Craghead that because they
were not party to that lawsuit that they, the County, would not endorse that.
We had asked, or had communicated, with CDD about the side yard setbacks,
which you know about, which you made a final written ruling just last month.
You had actually made the ruling two years ago verbally, and we had to wait
for two years before we could talk to you about these issues because it was a
pending issue. We need to talk with you about these issues that are out on
Sisemore Road. How do we do that?
We are again being threatened by these people. They are now threatening to
charge us with contempt of court for whatever reason, which is bogus because
two parties have to agree to a contract. They have shoved something at us
which is, you know, not according to the way you are supposed to do things,
and said "sign it; otherwise we are going go to court with this." This is not the
way you take care of things.
Again, we are asking for your help. How do we do that? Do we meet with you
individually, or do we use this type of a forum? How do we get this help?
LUKE:
What help are you asking for?
KUHN:
We are asking that a plat map be filed with the County Clerk as it is supposed to
be according to County ordinance. PL -7 requires plat maps to be filed with the
Planning Department, that are then recorded with the County Clerk by the
petitioner, at the request of the petitioner. PL -14, from 1979 to 1981, which is
the time frame that we are involved with, required that final plats be recorded
with the Clerk's office.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 2 of 13 Pages
This plat was never filed with the County Clerk, and it is supposed to be.
We're requesting that ours and we estimate about 400 others be filed with the
County Clerk, as required by County ordinance.
DALY:
Four hundred other plats?
KUHN:
Yes. The study that we've done —
DALY:
I don't know what plats you are referring to. Do they have anything to do with
yours?
KUHN:
These maps, which were filed with CDD at the time. PL -14 said that plats are
to be recorded by the Director of CDD and they never were. This is from
November 1, 1979, until roughly 1985 or 1986.
MAIER:
We didn't have a Community Development Department at that time.
KUHN:
Whatever the name of the department was, I won't quibble with you about it.
I'm saying that the Planning Director, according to PL -14, was required by
ordinance to take those over and file them with the Clerk. This is what we are
asking for.
I'm not saying that we have to do this right now.
DEWOLF:
What I would request is that you write down specifically what it is you are
looking for from the County, and we'll take that up with our attorney and with
our Community Development Department and get back to you. Does that
sound okay?
KUHN:
I think that would be very lovely.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 3 of 13 Pages
DEWOLF:
That's what I would propose.
DALY:
That's about all we can do at this point. We need to know exactly what you are
asking.
LUKE:
How many homeowners are in the homeowners association?
KUHN:
There is no association. There would be two. The point is that there is one
required. The ordinance says an association and an agreement have to be
signed.
DALY:
Please write down the issues and we'll run it by our legal staff.
LUKE:
Give it to Bonnie and she'll make sure it gets to who needs it.
I1*0:I0F
Thank you. By the way, if I may, I'd like to give our thanks to the Road
Department also. They do a very nice job of taking care of Sisemore Road and
the various whoop -de -dos that those drivers unfortunately do out there.
2. Before the Board was a Discussion and Consideration of Signature of
Letters Appointing Five Citizens to the Board of Property Tax Appeals.
This item will be addressed at the Wednesday, September 22 Board meeting.
3. Before the Board was a Discussion and Consideration of Signature of
Documents No. 2004-394, 2004-435 and 2004-436, Intergovernmental
Agreements Allowing the City of Redmond, the City of Bend Police
Department, and the City of Bend Public Works Department Use of the
Sheriffs Office Radio Communications System.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 4 of 13 Pages
Sue Brewster stated that this is the annual agreement with these governmental
entities. The amount is the same as last year; however, the agreements are done
annually because the cost to the Sheriff's Office can change. The amount was
not determined until recently.
LUKE: Move approval of these three documents.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-449, an Indemnity Agreement for the Sisters "Stride
into Autumn" Run -Walk Event Scheduled for September 26.
Judy Sumners said that everything is in order. She added that the group would
also be making a donation to the Sisters High School track and field team
program.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-145, a Labor Agreement between Deschutes County
and the International Union of Operating Engineers Local 701, Effective
through December 31, 2006.
Debbie Legg and Tom Blust explained that there have been no changes to the
agreement since the Board's last briefing. The union representatives have now
signed after over a year of negotiations. There are two years left on the contract
at this time.
DEWOLF: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 5 of 13 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Discussion of a Public Hearing and Consideration
of Signature of Order No. 2004-066, regarding the Legalization of a
Portion of Sisemore Road.
George Kolb stated that this area is located south of Tumalo Reservoir Road.
Several property owners have contacted him with questions.
This item will be addressed at the Wednesday, September 22 Board meeting.
7. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-443, Acceptance of a Deed of Dedication from the
Oregon Department of Transportation regarding Property near the Cline
Falls Road/741h Street Interchange.
George Kolb said that the Oregon Department of Transportation is deeding
property to the County that will eventually be swapped for the construction of
the interchange.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was a Discussion and Consideration of Signature of
Order No. 2004-077, Correcting the Scrivener's Error regarding Property
off Cook Avenue.
George Kolb explained this issue surfaced as part of the Cook Avenue
realignment process. It was found that the old wording was incorrect.
LUKE: Move approval.
DEWOLF: Second.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 6 of 13 Pages
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was a Discussion and Consideration of Chair Signature
of an Intent to Award Contract Letter for the Paving of the Road
Department Compound.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-448, a License to Use a Right of Way and Setback
Encroachment for a Septic System Installation in Terrebonne.
George Kolb explained that a private party approached Road Department with
this request, which has been done twice before. Use is allowed until such time
as the right of way is needed by the County, which is unlikely but the County
should keep ownership if that occurs. The property owners are aware they
would have to move their system if that happens.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was a Decision on a Proposed Plan Amendment (PA -03-
4) and Zone Change (ZC-03-2) regarding a Change from EFU-TRB to
MUA-10 of 40 Acres of a 57.5 -Acre Parcel Located North of Bend
(Applicants: Duffin).
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 7 of 13 Pages
Matthew Martin gave an overview of the issue. He said that the only thing
added to the record since the hearing was a memo from Commissioner DeWolf
regarding his site visit, as part of a staff report. No rebuttal was received from
the applicant.
Laurie Craghead said that the Board can agree with the Hearing's Officer's
decision, disagree with it, or add further findings.
DEWOLF:
I drove out and walked the property, but my visit wasn't an overriding factor
one way or the other. All of this area has similar terrain and looks the same.
For me, the thing that makes me want to overturn the Hearing Officer's decision
is the fact that three of the four properties adjoining this property are MUA-10.
This is a little finger at the end of it. It seems logical that it could accommodate
four houses if they can work out access and any traffic problems. Access will
probably not be from the highway. That's the way I am leaning. Everything to
the north is EFU, but in all other directions it is MUA-10. It seems logical to
have four residences in there on wells.
CRAGHEAD:
You find that the applicant did meet the process and that it is irrevocably
committed to MUA-10, based on what?
DEWOLF:
Looking at the map and looking at the property, it is logical. If legal findings
are needed, I trust you to know that.
CRAGHEAD:
On what basis is the property itself irrevocably committed?
DEWOLF:
The term used in the ordinances. What is irrevocable on earth anyway?
CRAGHEAD:
So, there are so many other uses that it cannot be used as a farm?
DEWOLF:
It can't be used as a farm. I don't think you like where I'm going.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 8 of 13 Pages
LUKE:
Protection of farm ground is important, and the right to farm is a basis for land
use law. I think staff and the Hearings Officer made the correct decision, based
on state law and ordinance. I don't see this as setting precedence. The previous
Commission didn't consider this prime farm land or it would not have
considered using it for a mobile home park and drain fields. They were
working towards land use changes at that time. If they had any idea how
complicated it was going to become, they probably would have designated it
NWA- 10 to start with. I believe it is irrevocably committed to other uses.
DEWOLF:
And part of the land is MUA-10, the other is EFU.
LUKE:
I believe it is irrevocably committed by what is on the ground. Again, what
happened in the 1970's is very different from now. Land use has gotten very
complicated. In this particular case on this unique piece of ground, I would
overturn the Hearings Officer's decision. Generally you don't move ground
from EFU to MUA-10, but I don't see this one as precedence.
DALY:
I agree with my colleagues. This piece of ground has no farmable value. A
jackrabbit going across it would have to pack a lunch. With the drain fields
already installed and virtually no irrigation, that alone negates any chance of
farm use. You couldn't plow this land with the existing drain fields if they were
installed according to rules.
DEWOLF:
There are just 2.6 acres of irrigation on this land. This doesn't sound like a
farm.
LUKE: I move that the Board overturn the Hearings Officer's decision on this
case and direct the attorney for the applicant to draft the findings for
Legal Counsel's review, based on the statements given here today.
DALY: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 9 of 13 Pages
LUKE:
It needs to be communicated to the Hearings Officer that this is not setting
precedence.
12. Before the Board was a Discussion and Consideration of Signature of Order
No. 2004-076, Authorizing the Refund of Taxes in the Amount of $2,352.40.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was a Discussion and Consideration of Signature of
Resolution No 2004-109, Transfer of Appropriations within the Deschutes
County Solid Waste Department Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-112, Transferring Appropriations within the
Deschutes County Mental Health Fund.
LUKE: Move approval.
DALY: Second.
VOTE: DEWOLF: No.
LUKE: Yes.
DALY: Chair votes yes. (split vote)
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 10 of 13 Pages
15. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-113, Transferring Appropriations from the General
Fund Contingency to Adult Parole & Probation Fund, and within the
Insurance Reserve Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Signature of Order
No. 2004-075, Transferring Cash among Various Funds as Budgeted in the
Deschutes County Budget for Fiscal Year 2004-05, and Directing Entries.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
17. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-433, an Intergovernmental Agreement Allowing
Sunriver Service District Public Safety Personnel Use of the Sheriff's
Office Radio Communications System. '
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 11 of 13 Pages
CONVENED AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
18. Before the Board was a Discussion and Consideration of Signature of
Document No. 2004-437, an Intergovernmental Agreement Allowing Black
Butte Ranch County Service District Public Safety Personnel Use of the
Sheriffs Office Radio Communications System.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
19. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-110, Transferring Appropriations within the
Deschutes County 9-1-1 County Service District Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
20. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2004-108, Transferring Appropriations within the
Deschutes County Extension/4-11 County Service District Fund.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 12 of 13 Pages
21. ADDITIONS TO THE AGENDA
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 11:25 a.m.
DATED this 201h Day of September 2004 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
ennis R. Luke, ommissioner
�r
Tom DeWolf, Commissioner
Minutes of Board of Commissioners' Work Session Monday, September 20, 2004
Page 13 of 13 Pages
