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2005-1140-Minutes for Meeting September 28,2005 Recorded 10/10/2005T95 COUNTY OFFICIAL uBLANKENSHIP, COUNTY CLERK DS yJ 100 f■1140 ISSIONERS ' JOURNAL 10/ 10/1005 10:28:00 AM I11111111111111IIII11111 1140 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 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp, MINUTES OF BOARD MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, SEPTEMBER 28, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke. Also present were Mike Maier, County Administrator; Susan Ross, Commissioners' Office; Tom Anderson, Community Development; Mark Pilliod, Legal Counsel; David White, Deschutes County 4-H; Sue Brewster and Jon Sholes, Sheriff's Office; media representatives Barney Lerten of News Channel 21 and Chris Barker of The Bulletin ; and approximately 14 other citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Kim Ward asked to speak about problems with several neighbors regarding the rules and regulations that apply to them. He said that three neighbors are a perpetual problem in the area and there have been lots of complaints about them given to the County for many years. There are rules and regulations regarding the use of property, and this situation has been brought to the attention of countless code enforcement officers over 25 years. He said he and his neighbors have no choice but to go to the Commissioners for help. All that has been done is the assignment of code numbers for the offending individuals. The properties are in a landscape beautification zone, which is a joke. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 1 of 11 Pages Also, Gribbling Road needs to be moved back onto County land. It is going across his property, following the lay of the land, and he would like to see it placed where it is supposed to be. He said he is being told that there is not enough time or staffing to deal with the situation at this time. The code enforcement officer was told the code enforcement problems have been going on for 25 years, and advised Mr. Ward that it could take another twenty. The concerned people in the area are approaching the Commissioners so that perhaps something can be done. He said the City of Bend deals with the same types of problems and came out with a document that increased fines to $500 per occurrence per day, and are finally getting some action. He pointed out that Commissioner Luke was on the radio a few days ago talking about forest thinning and compliance to make the forest safer. The concern was if people abide by the law and a neighbor won't, how do you apply rules fairly and consistently. If there are going to be rules and regulations, there needs to be a way to enforce them. There needs to be an avenue for people who are law-abiding to take so they don't have to put up with nuisances such as this. Regarding Gribbling Road, Mr. Ward said he owns the property on both sides. He would like to see a local improvement district and see the road paved. Right now it is a place where people dump their trash, and there's probably drug use and other problems. He added that several of the problem individuals access their property off Gribbling Road, but are going through his property to get to theirs. The easements should go down the property line. Commissioner DeWolf noted that this type of thing happens all over the County. It is difficult to get the problems resolved because there are multiple agencies involved. Adam Sutterfield, a resident off Gribbling Road, presented an oversized display with photos of the problem area to the Board. Also, Gribbling Road needs to be moved back onto County land. It is going across his property, following the lay of the land, and he would like to see it placed where it is supposed to be. He said he is being told that there is not enough time or staffing to deal with the situation at this time. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 2 of 11 Pages The code enforcement officer was told the code enforcement problems have been going on for 25 years, and advised Mr. Ward that it could take another twenty. The concerned people in the area are approaching the Commissioners so that perhaps something can be done. He said the City of Bend deals with the same types of problems and came out with a document that increased fines to $500 per occurrence per day, and are finally getting some action. He pointed out that Commissioner Luke was on the radio a few days ago talking about forest thinning and compliance to make the forest safer. The concern was if people abide by the law and a neighbor won't, how do you apply rules fairly and consistently. If there are going to be rules and regulations, there needs to be a way to enforce them. There needs to be an avenue for people who are law-abiding to take so they don't have to put up with nuisances such as this. Regarding Gribbling Road, Mr. Ward said he owns the property on both sides. He would like to see a local improvement district and see the road paved. Right now it is a place where people dump their trash, and there's probably drug use and other problems. He added that several of the problem individuals access their property off Gribbling Road, but are going through his property to get to theirs. The easements should go down the property line. Commissioner DeWolf noted that this type of thing happens all over the County. It is difficult to get the problems resolved because there are multiple agencies involved. Often they have to go through Circuit Court, the Road Department, the Sheriff's Office and others. The ability to enforce codes can take years. These situations are very frustrating, but the solution is difficult. Commissioner Daly suggested that perhaps there need to be some teeth in the ordinances. Tom Anderson said he doesn't know the details about this situation since his department just took over code enforcement from the Sheriff's Office. He stated he would be happy to meet with the concerned neighbors and go over the case files to figure out the logical way to deal with it. Commissioner DeWolf agreed with Commissioner Daly; that somehow the ordinances need to be strengthened so people won't ignore them. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 3 of 11 Pages Mr. Ward emphasized that the Commissioners seem to be the only ones with the ability to correct this situation. Chair DeWolf suggested that they meet with Tom Anderson regarding the code enforcement problems. And Community Development and Legal Counsel should set up a timeline for action on not just this situation, but on what the County's ordinances are and how the County can be more successful in closing these cases. Commissioner Luke suggested a meeting with the Road Department staff is in order to go over the situation with the road. He asked Mr. Ward for a list of citizens who would be interested in being involved. Mr. Sutterfield explained that he has three children who walk on Gribbling Road after school, and people do not drive normally on that road. It is a big safety concern. 2. Before the Board was the Reading and Consideration of Chair Signature of a Proclamation, Declaring October 2 through 8 National 4-H Week in Deschutes County. David White, OSU Extension/4-H Agent, read the proclamation to the audience. He added that 4-H has a long and valued history in the area. They are doing their best to become more entrepreneurial to obtain funding and to involve citizens and the growing population. Also, 4-H is taking an active role in holding after school programs and other programs. A general discussion then took place regarding plans for fundraising and other activities. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. Before the Board was a Public Hearing, and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2005- 043, Changing Shotgun Season for a Portion of the Deschutes River Corridor Restricted Area. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 4 of 11 Pages Chair DeWolf opened the public hearing; being no comments offered, he then closed the hearing. Commissioner Luke said that this sets a date certain for use of shotguns for waterfowl hunting, tying it into the regular hunting season. LUKE: Move first and second readings of Ordinance No. 2005-043 by title only, declaring an emergency. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first and second readings by title only. LUKE: Move adoption. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf read the opening statement for Measure 37 claims. A copy is attached as Exhibit A. Regarding challenges of bias, prejudgment and conflicts of interest, no challenges were offered. 4. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-091, a Measure 37 Claim (Cramer). Mark Pilliod stated that the claimant has asked that this item be continued. Chair DeWolf opened the hearing and continued it to October 26, at the regular 10:00 a.m. Board meeting. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 5 of 11 Pages 5. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-093, a Measure 37 Claim (Amadio). Mark Pilliod stated that the claimant has asked that this item be continued. Chair DeWolf opened the hearing and continued it to October 26, at the regular 10:00 a.m. Board meeting. 6. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-092, a Measure 37 Claim (Griffiths). Tom Anderson explained that the claim was submitted by Laurel Griffiths. The property is located on Helmholtz Way west of Redmond, north of Highway 126, on west side of Helmholtz. There are approximately 115 acres, zoned EFU. The property also abuts the newly established urban reserve area for the City of Redmond. The claimant's materials indicate a desire to construct a subdivision consisting of 58 lots of about two acres each. The damages claim is for $3.8 million. In review of the ownership of property, the County initially prepared an order putting the date of review in 1985 based on the documents originally submitted. It appears the husband acquired the property in 1949, and Laurel Griffiths' name didn't appear until 1985. However, the claimants' representative provided additional evidence that shows Ms. Griffiths' name as well as her husband's on mortgage documents going back to 1949. It appears the intent was that the property would be held in joint ownership from 1949 on. There is evidence in the record showing these documents back to 1949. The Order would establish a review date of 1949. Mark Pilliod stated that it is recognized that it is not the intent of Measure 37 that legal title be shown, only that there is a recognized interest in the property. Commissioner Luke asked that since Ms. Griffiths' name is not on the title, if something happened to the husband, would the court determine who has rights to the property. Would the fact that she is signed onto the mortgage give her those rights. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 6 of 11 Pages Mr. Pilliod said that if one is talking about probate without a will, the court probably would not look at mortgage documents. They are married, and that is usually enough for the courts. Ed Fitch, attorney for the claimant, said it was fortunate for the Griffiths that they had mortgage documents going back to 1949. They have lived on the property since then and have had several subsequent mortgages. There are many documents on record with both names on them going back to 1949. Tom Farruggia, president of Howell's Hilltop Special Road District, said that the District directly adjoins the Griffiths' property. He expressed concern about the paragraph in the claim regarding the construction of road access from Helmholtz and other public roads adjacent to the property. He said the adjacent roads could be those within Howell's Hilltop Road District. There is concern about additional traffic, and road maintenance and repair issues. Commissioner Luke stated that this is a legitimate concern, but the Board is not addressing a building permit or land use process at this time. When the land use process starts, Mr. Farruggia and others will have input into it. Commissioner DeWolf noted that developers often have to pay for the traffic impacts. Commissioner Luke said that this puts Mr. Farruggia on record regarding his concerns. Mr. Farruggia stated that the Board should have received a letter from the District regarding these concerns. The only other thing he wanted to point out would be safety issues along Helmholtz. He and others plan to be active participants in this land use situation. Brian Campbell, a member of Howell's Hilltop District, said his property adjoins the west boundary of the subject property. His concern is public safety and public health, and noise pollution. There are joggers, walkers, young children and people on horses using the District's roads. Most of the parcels are two to five acres each, and the residents feel safe using the roads for pleasure. He does not want to give away the quality of life they've all worked hard for access for a proposed subdivision. He said his notes show a planned 62 homes. He plans to continue to be involved in this issue. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 7 of 11 Pages Commissioner DeWolf stated that this number could change during the land use process. When and if it becomes a land use process, at that point all health and safety issue will be addressed. Commissioner Daly asked if the concerns are traffic going through the District, not on Helmholtz. Mr. Campbell said that the turns on Helmholtz Way are another public safety issue. Gary Couture, 4784 NW Jackpine, said his property is adjacent to the subject property. His main concerns, as expressed in the letter they sent, are in regard to groundwater. He is on a four -party well and at this time it appears to be in good shape with no problem with drawdown. However, he is concerned that this level of development nearby will cause future problems. Being no further testimony offered, Chair DeWolf closed the hearing. LUKE: Move approval of Order No. 2005-092. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $55,498.85 (3 weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 8 of 11 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $2,317.72 (3 weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $2,202,723.57 (3 weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Consideration of Approval of Economic Development Lottery Requests: • Caldera ARTS Discovery at Sisters Middle School - $2,000 (Commissioner DeWolf) • High Desert Museum, "The Nature of Words" Event - $1,500 ($500 from each Commissioner) • Redmond 2J Education Foundation, Christmas with the Trail Band - $5,000 (Commissioner DeWolf) • Boys & Girls Clubs of Central Oregon, Terrebonne Teen Club - $61,500 ($3,250 each — Commissioners Daly and Luke) Project Wildfire, Website Project - $3,785 (Commissioner Luke) Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 9 of 11 Pages 3E Strategies, Sustainable Energy Summit - $3,000 ($1,000 from each Commissioner) KIDS Center, 3 Child Abuse Services Projects - $5,000 (Commissioner Daly) LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 11. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of Document No. 2005-377, an Antenna Site Lease Agreement with the Oregon Department of Transportation regarding the Use of Space on the Sheriffs Office Radio Tower. Sue Brewster and Jon Sholes gave a brief overview of the agreement. The greatest benefit will be improved communications along Century Drive to Mt. Bachelor for law enforcement and other agencies. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. B. Before the Board was Consideration of Signature of Document No. 2005-376, an Intergovernmental Agreement with Tumalo Irrigation District regarding a Land Partition and Road Dedication. Susan Ross said that this agreement has been discussed several times recently. Tumalo Irrigation District is partitioning land and will include work to be done on County land in exchange for the County to dedicate property. Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 10 of 11 Pages LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair De Wolf adjourned the meeting at 11: 00 a.m. DATED this 28th Day of September 2005 for the Deschutes County Board of Commissioners. ATTEST: fNUA,�� &44�— Recording Secretary Tom DeWolf, Chair Michael M. Daly, Co t issioner ennis R. Luke, C mmissioner Attachment: Exhibit A: Measure 37 Opening Statement (2 pages) Minutes of Board of Commissioners' Meeting Wednesday, September 28, 2005 Page 11 of 11 Pages Board of County Commissioners Measure 37 Hearing Process The Board of County Commissioners is now ready to open the hearing on a Claim brought against the County pursuant to Ballot Measure 37. The hearing before the Board is quasi-judicial, but not a land use decision. This proceeding is the only hearing provided by the County under the County code provisions which implement Ballot Measure 37. The Board's decision will be based upon the material submitted to county staff and furnished to the Board. The County code provides that the claimant and those persons who have previously submitted written material to the County on this matter will be given an opportunity to offer testimony bearing on the claim. This hearing is not open for comments from members of the general public. The decision by the County on this matter will be memorialized in a Final Order. The Final Order will be mailed to all those participating in this proceeding. The Final Order will also be recorded in the Clerk's Office. The criteria for this decision involving a claim under Ballot Measure 37 is contained within Chapter 14.10 of the Code. The applicable criteria are as follows: 1. The Claimant is the owner of the subject property; and 2. The Claimant or a family member has owned the subject property continuously since before adoption or the effective date of a county land use regulation; 3. The County's land use regulation is not exempt from challenge under Ballot Measure 37; and 4. The County's land use regulation has caused a reduction in the value of Claimant's property. If the Board determines that the criteria for compensation payment pursuant to Ballot Measure 37 has been established, and the claim is eligible, it may by written order decide that the county's land use regulation be modified, not applied to the claimant's property, or it may elect to pay compensation based upon the reduction in value attributed to the subject regulation. Page 1 of 2 The County's decision will not result in the issuance of a building permit, but will only allow the Claimant to apply for a permit without first complying with the challenged land use regulation. A Claimant must also comply with County regulations which were not challenged under Measure 37. Furthermore, the County's decision is not intended as having any effect on land use or other regulations adopted by other government entities, such as the State of Oregon or LCDC. Testimony, arguments and evidence must be directed toward the criteria described above, or other criteria, which the person believes to apply to the decision. Failure to raise an issue accompanied by statements or evidence sufficient to afford the Board and the parties an opportunity to respond to the issue, may preclude judicial review based on that issue. The order of presentation is as follows: 1. The County Administrator's report and recommendation. 2. Claimant's presentation. 3. Witnesses who oppose the Claimant's position. 4. Rebuttal by the Claimant. 5. If new information is presented by the Claimant, then rebuttal by the witness in opposition. Any person that is interested in this matter may challenge the qualification of any Commissioner to participate in the hearing and decision. Such challenge must state facts relied upon by the party to a Commissioner's bias, prejudgment, personal interest, or other facts from which the party has concluded that the Commissioner should not participate as they are not impartial. Such challenge must be made prior to the commencement of the public hearing, and will be incorporated into the record of this hearing. Does anyone wish to challenge any commissioner's ability to hear this matter? If so, please say so now? Hearing no challenges, I will proceed. Page ] of 2