2005-3-Minutes for Meeting December 13,2004 Recorded 1/3/2005DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/03/2005 04:14:42 PM
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2005-3
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ory,
MINUTES OF EXECUTIVE SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, DECEMBER 13, 2004
Commissioners' Meeting Room - Administration Building — 1300 NW Wall St., Bend
Present were Commissioners Tom De Wo�f, Dennis R. Luke and Michael M Daly.
Also present were Mike Maier, County Administrator; Laurie Craghead and Mark
Pilliod, Legal Counsel; Tom Anderson and Kevin Harrison, Community
Development; and media representative Chris Barker of the Bulletin.
The executive session was called under ORS 192.660(l)(h), Pending or Threatened
Litigation, and began at 3:10p.m. Chair Daly then read the cautionary statement.
Laurie Craghead updated the Board that Paul Dewey, who had appealed the issue
involving the J Bar J Subdivision road dedication (off Bowery Lane and Harris
Way), has dropped his LUBA appeal.
Ms. Craghead then explained that the River Meadows Homeowners Association
ignored land use rules and put in an RV pad next to their lagoon, removing
vegetation. This became a code enforcement issue. Kevin Harrison added that
they applied for a modification of approval of an upgrade of their sewage treatment
plant to include what they have done, and Karen Green, the Hearings Officer,
denied it. The Commissioners then denied their appeal. Their attorney, Bob
Lovlien, then appealed to LUBA.
A settlement has been worked out, and Ms. Craghead is now reviewing it. Mr.
Lovlien would like to see a new site plan application, and his client will remove
the storage area and chain link fencing, and revegetate as necessary. His client is
concerned that a new application may still end up going to LUBA again. He has
asked if the Board would consider calling this up on its own in order to bypass the
Hearings Officer's hearing.
Minutes of Executive Session — Litigation Monday, December 13, 2004
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After a brief discussion, the Commissioners indicated that they do not feel
comfortable bypassing the process, which begins with staff, then goes to the
Hearings Officer, and then to the Board if necessary. They do not want to set
precedence by going around the Hearings Officer in this manner. Ms. Craghead
also recommended following the set process.
Regarding potential Measure 37 claims, it was decided that an executive session to
address those claims will be included on every Administrative Liaison agenda for
the time being, and are to be noticed accordingly.
Ms. Craghead stated that a fourth Measure 37 claim has come in. It is in regard to
ten acres of EFU zoned land off Bear Creek Road. The owners would like it to be
divided into one -acre parcels. The individual acquired the property from a relative
in 1999. The relative acquired it in the 1950's. Mark Pilliod added that he
believes they are entitled to use it in any way that was legal in 1999. However, the
owner feels damages can be measured from the 1950's.
After a brief discussion, it was apparent to the Board and Legal Counsel that
Measure 37 does not adequately address property going from an owner to a
relative. The consensus was that this particular issue will likely end up in court or
will have to be a legislative fix.
Being nofurther discussion, the executive session adjourned at 3:30 p.m.
DATED this 13 th Day of December 2004 for the Deschutes County
Board of Commissioners.
ATTEST:
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Recording Secretary
Commissioner
Minutes of Executive Session — Litigation Monday, December 13, 2004
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