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2005-1288-Minutes for Meeting November 09,2005 Recorded 11/10/2005DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL (III (II (IIIIIIIIIIIIIIIIIlII 20-188 CLERK DS pf w 2005.1288 11/10/2005 03;22;29 PM 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.ora MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, NOVEMBER 9, 2005 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner Tom De Wolf was out of the office. Also present were Mike Maier, County Administrator; Mark Pilliod and Laurie Craghead, Legal Counsel; Sheriff Les Stiles; Sue Brewster, Sheriffs Office; Tom Blust and George Kolb, Road Department; Steve Jorgensen, Tom Anderson, Catherine Morrow, Kevin Harrison and Cathy White, Community Development Department; media representatives Brook Snavely of the Sunriver Scene, Chris Barker of The Bulletin, Jeff Mullins of KBND radio, and Barney Lerten, News Channel 21; and approximately twelve other citizens. Vice Chair Daly opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Order No. 2005-128, Initiating the Formation of a Countywide Law Enforcement District (District 1). Sue Brewster said that the Order for District 1 is fairly simple, as it includes the entire County. Sheriff Stiles explained that this District addresses common services. The rate would be $1.25 per thousand, but he doesn't anticipate needing that rate until 2013-14. This rate is dependent on decisions being made regarding the jail and whether matrix will continue. This rate is meant to cover personnel costs should the jail be expanded. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 1 of 13 Pages LUKE: Move approval of Order No. 2005-128. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 3. Before the Board was Consideration of Order No. 2005-129, Initiating the Formation of a Countywide Law Enforcement District (District 2). Sue Brewster said that District 2 includes the area that is not served by the police departments of the cities and the two law enforcement special districts, Sunriver and Black Butte Ranch. There are two Districts because the State does not allow a split District. Sheriff Stiles said the maximum rate would be $1.55 per thousand, and anticipates this amount would not be reached until 2013-14. Commissioner Luke asked if future city expansions will have an impact. Sheriff Stiles stated that there should not be a negative impact to the Sheriff's Office, but it is unknown when and if the annexations will take place. Commissioner Luke said that this issue has been studied heavily and has the support of the Board. He asked why this wasn't placed on the November ballot; Sheriff Stiles replied that there are other items on that ballot that could negatively impact the passage of the levy. He prefers the issue go before the voters in May, since the message will likely get lost in the November process. LUKE: Move approval of Order No. 2005-128. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2005-083, regarding Vacating the Plat of Harper near Sunriver. This item was continued from October 26. Laurie Craghead said she provided an Order detailing a compromise to the Commissioners. She proposed some language that may be acceptable to all parties. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 2 of 13 Pages Instead of the applicants signing an easement at this time regarding the northern boundary of the property, they will instead sign a contract with the County that if Spring River Road is ever extended, they will at that time dedicate the necessary right of way for the road. This document would be recorded and will be on the record should this action ever become necessary. The proposal needs some adjusting regarding the width of the right of way. There is not enough available space available where the substation is located. Commissioner Luke asked if the applicant approves of this document. Ms. Craghead stated she believes it is acceptable to them. George Kolb added that it is acceptable to the Road Department. Commissioner Luke stated he looked at the roundabout that the applicant plans to build, and feels it will improve the safety in the area. He added that he appreciates staff and the applicant working this out. LUKE: Move approval of the Order, as amended by Counsel. DALY: Second. I am pleased they were able to work this out. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 5. Before the Board was a Public Hearing on an Appeal of the Hearings Officer's Decision Denying a 34 -lot Subdivision Located West of Bend in the UAR-10 Zone (Appellant: Tumalo Creek Development, LLC). This item was continued from November 1. Catherine White gave an overview of the item, and said the entire record is available for the Board to review. Laurie Craghead indicated that the Board can still take testimony on this issue. Steve Jorgensen and Catherine Morrow have been working with the applicants; Mr. Jorgensen said that he and the applicant are in general agreement. The applicant would like to do some minor wordsmithing, but the conditions appear to be covered. (He handed documents to the Board at this time. A copy is attached as Exhibit A) The final findings can be prepared if the Board approves. Commissioner Luke noted that per item C on page 23, they don't own the Miller Tree Farm property so they can't put a road in on that property. Mr. Jorgensen said they would stub a street out in their development to connect to the Tree Farm. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 3 of 13 Pages Ms. White stated that there are other issues on appeal besides the road. A portion of the property is in the city limits, and will be addressed by a lot line adjustment. The Hearings Officer denied it because they didn't have a lot line adjustment done at the time. They do now. Commissioner Luke said that he feels the documents regarding the lot line adjustment as presented are acceptable. Ms. White said the applicant wants only to build with building envelopes where they fact the meet Shevlin Park or in areas of special interest. Ms. Craghead said the Board needs to find whether they should be required to find them on all lots. Ms. White stated that the Rural Fire Protection District has annexed the area, so this should address the issue of wildfire protection. Tom Walker stated that the fire protection issue position is that they want to meet what is required but not encumber the properties unduly. Commissioner Luke noted that sprinklers in houses are very expensive and not likely to work well here. Nancy Craven and Tom Walker said there are only two issues that need resolution. They have worked with the Road Department and Steve Jorgensen to work out a satisfactory arrangement regarding the roads. Ms. Craghead said that the applicants have accepted Steve Jorgenson's recommendations regarding the roads and the decision would include these. Ms. Craven explained they would like to have building envelopes required only in the areas facing Shevlin Park and adjacent to areas of special interest. The other lots are to be zoned at ten acres. The recommendation is to modify the HO decision in this regard, with the only lots required to have a building envelope being lots 2, 35 4, 5, 6, 19 and 22. Commissioner Daly said that in his former life as excavation contractor, septic systems and other improvements need to be taken into account when developing lots. He doesn't support building envelopes on most of the lots as this can be too restrictive. No other testimony was offered. LUKE: Move approval of the applicant and overturn the HO denial with the conditions of approval as discussed in the hearing, and directing the applicant's attorney to draft the decision. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 4 of 13 Pages VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Vice Chair Daly read the opening statement for Measure 37 hearings. In regard to challenges to the Commissioners' ability to hear these cases, no testimony was offered. Tom Anderson clarified that the only people who are allowed to testify at the hearing are those who submitted written testimony previously, or those individuals who own property in the noticed area. Mark Pilliod added that the Board's practice has been to limit testimony to the owners within the noticed area, and the general public can submit testimony in writing. Commissioner Luke suggested that the opening statement be offered in writing to those attending the hearing instead of having to read it each time. Legal Counsel will take this into advisement. 6. Before the Board was a Hearing, and Consideration of Signature of Order No. 2005-097, regarding Measure 37 Claim No. M-37-05-44 (Applicant: Clark). Tom Anderson gave a brief overview of the claim and said that the claimant wishes to subdivide into six lots of approximately twenty acres each. The damage claim is for $750M. The claimant submitted a deed indicating the property was acquired in June 1987, and this has been verified by staff. There was different zoning in place at that time. The Order would establish a review date of June 1987 for land use applications. Patricia Clark, the claimant, stated that she agrees with the recommendation as explained by staff. No other testimony was offered either for or against this claim. LUKE: Move approval of Order No. 2005-099, as corrected. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 5 of 13 Pages 7. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-098, regarding Measure 37 Claim No. M-37-05-45 (Applicant: Chelsea Trees, Inc.). Tom Anderson explained the property is located in the Skyliners Road area, and is approximately forty-one acres currently zoned F-2. Skyliners Road bisects the property. The claim amount is $400,000. The claimant wishes to construct a single family dwelling on the property. The deed showing an acquisition date of June 1988 has been verified. The rules for siting a home then were more subjective as to meeting the criteria. Commissioner Luke said that it appears the property is split by Tumalo Creek, and it is important to protect that watershed. Mr. Anderson replied that a 100 - foot setback from the creek and road are required. The claimant indicates setbacks are an issue for them, but this would be addressed as part of the land use process. Commissioner Daly noted that this is a fairly large parcel, and they are only asking for one home. Attorney Bruce White appeared on behalf of the claimant and submitted a letter regarding the Order as written. He said its purpose is to register objection to Section 6 of the Order; they otherwise support it. He would like to correct the date in the Order as well, as it should show 1988 not 1989. He explained the claimant's intention is simple, asking to be able to build a single family home that could have been built in 1988. Section 6 may be an impediment to that, as it states that before the County will accept the building permit they must receive notification from the State regarding a waiver. He said he thinks this goes beyond what the County is allowed to impose. Also, as a practical matter, nothing will come out of the state until the Supreme Court issues its decision one way or another on Measure 37. Commissioner Luke said that the State of Oregon regulations the building permit process. Mr. White stated that this should not be subject to Measure 37 requirements. Building code issues still apply regardless of Measure 37, so this clause should not be in the Order. His client recognizes things are uncertain but they would like to be able to apply for a building permit, based upon the risks they are willing to take. Mark Pilliod said this provision is not new and has been there since the beginning. This leaves the County's options open in respect to issuing a building permit. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 6 of 13 Pages It does indicate a level of cooperation with the Department of Administrative Services and DLCD. This language may not be necessary, but it does make it clear to the claimants that the regular process is expected to occur, and unless there is a risk to the County for unlawfully delaying the processing of an application, it will likely be processed. The State has been good about getting back to the County regarding companion cases. Mr. Pilliod stated that the difficulty with building codes is that regulations require the building official to be notified so they can determine if the applicable land use process has been followed. It is a coordinated type of advice, and will continue as it has; it does not run counter to the language of Measure 37 at all. He added that everyone recognizes they are in a period of uncertainty while waiting for the courts to rule whether Measure 37 is valid. The State is not processing claims at this time. Commissioner Luke asked if Section 6 is more like a "heads up" to the applicant as to the process. Mr. Pilliod replied that is one of the purposes. It doesn't bind the County to wait for 180 days and doesn't indicate that the County is going to process applications. Mr. White said he is still concerned and has raised this issue before when he had a State waiver previously, but they can't get one now. The language in Section 6 appears to state that the County won't accept an application for a building permit. It doesn't appear to be discretionary. He stated that his concern is that they know there are risks in proceeding but don't want this additional layer of evaluation. Mr. White agreed to continue the hearing, and will stop the clock now and restart it at the Monday, December 5 Board meeting. 8. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-099, regarding Measure 37 Claim No. M-37-05-46 (Applicant: Clements). Tom Anderson said the property is located west of the City of Redmond on the east side of the Deschutes River, opposite of Eagle Crest Resort. It is about 127 acres total, primarily zoned EFU. The claimant wishes to subdivide it into five - acre lots. The amount of the claim is $1.9 million. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 7 of 13 Pages The acquisition dates of the properties are different. One is a forty -acre parcel along Highway 126, acquired in March 1965. The other is eighty-six acres to the south, acquired in December 1973. The Order would establish a separate review date for each parcel. PL -5 zoning was in effect for one of the parcels. A trust was established in 1987, but because it is fully revocable it does not affect the ownership history. Charles Clements, the owner of the properties, asked that the description be corrected. He said the two parcels are contiguous; the eighty-six acre parcel was purchased first in 1965; the parcel located along Highway 126 was purchased in 1973. Mr. Anderson agreed and will have the documents corrected. Mr. Pilliod concurred. No other testimony was offered. LUKE: Move approval of Order No. 2005-099, as corrected. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 9. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-100, regarding Measure 37 Claim No. M-37-05-47 (Applicant: Heierman). Tom Anderson said the property is located between Bend and Redmond off Quarry Road and 77th Street. It is twenty-nine acres zoned EFU. The damage claim is for $500,000. The claimant wishes to subdivide it into four lots — three at about five acres and one at thirteen acres. The acquisition date of the property was February 1970, and this has been confirmed by a deed. A portion of the property was sold in 1983, and this is the remaining piece. This could affect the lot sizes indicated in the claim. Commissioner Daly said for the record that he knows the Heierman family. Ed Fitch, an attorney representing the claimant, said there are no objections to the Order. No other testimony was offered. LUKE: Move approval of Order No. 2005-100. DALY: Second. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 8 of 13 Pages VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 10. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-101, regarding Measure 37 Claim No. M-37-05-48 (Applicant: Walter). Tom Anderson stated that the property is located west of Bend past Shevlin Park on Johnson Ranch Road. There are two parcels totaling about forty acres. The parcels are zoned RR -10. The amount of damage claimed is unclear. The claimant wishes to subdivide the property into five -acre parcels. The date of acquisition was June 1970 and this has been verified. PL -2 zoning was in effect then, which allowed varying minimum lot sizes around the County. Claimant Carolyn Walter testified that she has no objections to the Order. She added that she didn't submit an appraisal of the property since it costs $1,500 or more to do so. She was wondering if she still has that option if Measure 37 is reinstated. Commissioner Luke stated this is not needed if the exemption if approved. The claimant said the report is acceptable. She has not submitted a claim to the State. She asked if the State is issuing acknowledgments now. Mr. Pilliod replied that their website says they are not processing claims, but it is unlikely they would return anything they get through the mail and will probably issue some kind of response. They are trying to figure out what they should say in light of the current legal status of Measure 37. He added that this claim would not be dropped if you she didn't hear from them. No other testimony was offered. LUKE: Move approval of Order No. 2005-101. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 11. Before the Board was a Hearing and Consideration of Signature of Order No. 2005-102, regarding Measure 37 Claim No. M-37-05-49 (Applicant: Amen). Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 9 of 13 Pages Commissioner Daly said that he has known the Amen family for many years Tom Anderson stated that the property is located south of Redmond off Quarry Road, and is approximately twenty acres zoned EFU. The amount of damage claim is $517,000. The claimant wishes to subdivide the property into ten two - acre lots. A contract of sale indicates ownership as of July 1963; this was recorded in July 1970 but the contract establishes their interest in the property. It was partitioned in 1990 and the twenty -acre parcel is the remaining part of that holding. The property was conveyed to a revocable trust, which does not affect the ownership date. Nancy Amen, the claimant, said she agrees with the Order. No other testimony was offered. LUKE: Move approval of Order No. 2005-102. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 12. Before the Board was Consideration of Signature of Document No. 2005- 293, a Real Property Exchange Agreement regarding Property Located off Arnold Market Road and Rickard Road. Commissioner Luke said that Bud Rose noted some years ago that Rickard Road as it is being used is not where it is supposed to be. The language of these realignment documents has been worked on by Mr. Rose and the Road Department in order to get it legalized where it is being used. George Kolb explained that this involves dedications and lot line adjustments. Legal Counsel, the Solid Waste Department and the Road Department have agreed with the process. There is no money changing hands to make these adjustments. LUKE: Move approval of the exchange agreement. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 10 of 13 Pages 13. Before the Board was Consideration of First Reading of Ordinance No. 2005-053, relating to County Administrator Responsibilities and Authority. Mark Pilliod gave an overview of the Ordinance, which would delegate day to day activities of the County to the Administrator. This has been discussed for a number of months. A recent discussion had to do with liaisons with departments and whether this activity should be rotated. Regarding the concept of interaction between County staff and the Commissioners, staff would be directed to talk to the Administrator. Input from meetings with the Sheriff, comments from other County elected officials and the Ordinance itself represent how the County should proceed with this delegated function. Commissioner Luke said that contrary to what one of the local major news outlets reports, the County Administrator currently exercises what is in the Ordinance. One reason the Ordinance is being put into place is because he is retiring. This Ordinance reflects the reality of how the duties of the job have changed over the years. LUKE: Move first reading of Ordinance No. 2005-053, by title only, as amended. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. The second reading and consideration of adoption is scheduled for Wednesday, November 30. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $161,398.56. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 11 of 13 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,775.35. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,941,572.72. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. 17. Before the Board was Consideration of Approval of Economic Development Grants for: • "Shop with a Cop" Program ($4,000, Commissioner Luke; $2,000, Commissioner Daly) • Kids Holiday Village, through CASA ($500, Commissioner Luke) LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 12 of 13 Pages 18. ADDITION TO THE AGENDA Before the Board was Consideration of Chair Signature of an Oregon Liquor Control License Application for Boondocks Restaurant and Lounge, located off Spring River Road. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Vice Chair votes yes. Being no further items brought before the Board, Vice Chair Daly adjourned the meeting at 11:50 a.m. DATED this 9th Day of November 2005 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom DeWolf, Chair M. Irv, Commissioner Dennis R. Luke, Commissioner Attachments Exhibit A: Revised provisions regarding Tumalo Creek Development, LLC (1 page) Exhibit B: Opening statement for Measure 37 hearings (2 pages) Minutes of Board of Commissioners' Meeting Wednesday, November 9, 2005 Page 13 of 13 Pages The revised draft provisions of Condition 2 of the Hearings Officer's decision are listed below. The Appellant and the County will continue to work on condition language as necessary. The Appellant proposes to submit final condition language to the Board prior to their taking formal action on the appeal. "WITHIN 60 DAYS OF THE DATE THIS DECISION BECOMES FINAL: 2. The Applicant/owner shall submit a revised tentative subdivision plan with the following: a. The revised plan shall depict all subdivision streets to be dedicated to the public and improved to the County's standards for rural local roads; b. The gated entries on the main subdivision road shall be removed from the revised plan. If the Applicant/owner proposes to install gates on public roads within the subdivision in the future, the Applicant can apply for a gate permit from the Board of County Commissioners and/or the City of Bend, depending upon the jurisdiction of the property at the time of the gate permit request; c. The revised plan shall depict local street connections to the east and south of the subdivision; d. The revised plan shall depict a revised Skyline Ranch Road alignment that generally follows the flat ridge that runs through Lots 20 and 21. To accommodate the realignment, the revised plan may depict alternative lot configurations for Lots 20 through 22. The realigned Skyline Ranch Road right-of-way shall be 80 feet wide to accommodate a future City of Bend collector street." And, as a result of these changes, Condition 22 should also be revised to be consistent with Condition 2, as follows: "PRIOR TO FINAL PLAT APPROVAL FOR PHASE 8": 22. The Applicant/owner shall dedicate 40 feet of right-of-way for that segment of Skyline Ranch Road that follows the section line of Section 26. The Applicant/owner shall also dedicate 80 feet of right-of-way for the segment of Skyline Ranch Road that runs through the southeastern corner of Lots 20 and 21 on the Applicant's property, per Condition 2(d). "PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR THE TWENTY-SIXTH (26TH) SUBDIVISION DWELLING": 23. The applicant/owner shall construct a secondary subdivision access to County standard for a rural local road. This road shall consist of a connection from the main subdivision road to either: a) Skyline Ranch Road, if at the time of connection, it is improved and connects to either Shevlin Park Road or Skyliners Road; b) a dedicated and improved public street within the Northwest Crossing development; or c) a dedicated and improved public street within the Miller Tree Farm property to the south. 11/9/2005 Revised Provisions for Tumalo Creek (TP -05-598) 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 %6� Z 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 bresentation 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 1 of 2 Z—,,, L Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 9, 2005 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board regarding issues that are not already on the agenda. Visitors who wish to speak should sign up prior to the beginning of the meeting on the sign-up sheet provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. 2. CONSIDERATION of Order No. 2005-128, Initiating the Formation of a Countywide Law Enforcement District (District 1) — Sue Brewster, Sheriff's Office 3. CONSIDERATION of Order No. 2005-129, Initiating the Formation of a Countywide Law Enforcement District (District 2) — Sue Brewster, Sheriff's Office 4. CONSIDERATION of Signature of Order No. 2005-083, regarding Vacating the Plat of Harper near Sunriver (continued from October 26) — George Kolb, Road Department 5. A PUBLIC HEARING (continued from November 1) on an Appeal of the Hearings Officer's Decision Denying a 34 -lot Subdivision Located West of Bend in the UAR-10 Zone (Appellant: Tumalo Creek Development, LLC) — Catharine White, Community Development Department 6. A HEARING and Consideration of Signature of Order No. 2005-097, regarding Measure 37 Claim No. M-37-05-44 (Applicant: Clark) — Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 1 of 7 Pages 7. A HEARING and Consideration of Signature of Order No. 2005-098, regarding Measure 37 Claim No. M-37-05-45 (Applicant: Chelsea Trees) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 8. A HEARING and Consideration of Signature of Order No. 2005-099, regarding Measure 37 Claim No. M-37-05-46 (Applicant: Clements) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 9. A HEARING and Consideration of Signature of Order No. 2005-100, regarding Measure 37 Claim No. M-37-05-47 (Applicant: Heierman) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 10. A HEARING and Consideration of Signature of Order No. 2005-101, regarding Measure 37 Claim No. M-37-05-48 (Applicant: Walter) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 11. A HEARING and Consideration of Signature of Order No. 2005-102, regarding Measure 37 Claim No. M-37-05-49 (Applicant: Amen) - Tom Anderson, Community Development Department; Mark Pilliod, Legal Counsel 12. CONSIDERATION of Signature of Document No. 2005-293, a Real Property Exchange Agreement regarding Property Located off Arnold Market Road and Rickard Road — Mark Pilliod, Legal Counsel 13. CONSIDERATION of First Reading of Ordinance No. 2005-053, relating to County Administrator Responsibilities and Authority — Mark Pilliod, Legal Counsel CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $16,398.56. CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,775.35. Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 2 of 7 Pages RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,941,572.72. 17. CONSIDERATION of Approval of Economic Development Grants for: • "Shop with a Cop" Program ($4,000, Commissioner Luke; $2,000, Commissioner Daly) • Kids Holiday Village, through CASA ($500, Commissioner Luke) 18. ADDITIONS TO THE AGENDA Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572) Tuesday, November 8, 2005 9:00 a.m. Meeting regarding Recruitment Process — County Administrator Position 3:30 p.m. Regularly Scheduled Meeting with Community Development Wednesday, November 9, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist, at Road 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department, at Road 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste, at Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department, at Mental Health Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 3 of 7 Pages Thursday, November 10, 2005 8:30 a.m. Meeting with Sunriver Service District Managing Board, at Sunriver Resort Friday, November 11, 2005 Most County offices will be closed to observe Veterans' Day. Monday, November 14 — Friday, November 18 Association of Oregon Counties' Conference, Eugene Thursday, November 24, 2005 Most County offices will be closed to observe Thanksgiving. Friday, November 25, 2005 Most County offices will be closed to observe Thanksgiving (unpaid day). Monday, November 28, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Wednesday, November 30, 2005 9:00 a.m. Regularly Scheduled Meeting with the Manager of the Fair & Expo Center 10:00 a.m. Board of Commissioners' Meeting Thursday, December 1, 2005 8:00 a.m. Regularly Scheduled Meeting with the Sisters City Council, Sisters City Hall Monday, December 5, 2005 10:00 a.m. Board of Commissioners' Meeting for the Week 1:30 p.m. Administrative Liaison 3:30 p.m. Local Public Safety Coordinating Council Meeting Thursday, December 8, 2005 12:00 noon Regular Meeting of the Audit Committee Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 4 of 7 Pages Monday, December 12, 2005 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Regularly Scheduled Meeting with Community Development Tuesday, December 13, 2005 1:45 p.m. Regularly Scheduled Meeting with the Director of the Parole & Probation Department, at Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Director of the Juvenile Community Justice Department, at Juvenile 3:45 p.m. Regularly Scheduled Meeting with the Sheriff, at the Sheriffs Office Wednesday, December 14, 2005 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Monday, December 19, 2005 11:30 a.m. Regularly Scheduled Update Meeting with Department Heads 1:30 p.m. Administrative Liaison Tuesday, December 20, 2005 11:00 a.m. Regular Meeting of Employee Benefits Advisory Committee Monday, December 26, 2005 Most County offices will be closed to observe Christmas. Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 5 of 7 Pages Tuesday, December 27, 2005 1:30 p.m. Administrative Liaison Monday, January 2, 2006 Most County offices will be closed to observe New Years Day. Tuesday, January 3, 2006 1:30 p.m. Administrative Liaison Wednesday, January 4, 2006 10:00 a.m. Board of Commissioners' Meeting Monday, January 9, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:30 p.m. Local Public Safety Coordinating Council Meeting Tuesday, January 10, 2006 1:30 p.m. Regularly Scheduled Meeting with the Director of Information Technology Wednesday, January 11, 2006 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Regularly Scheduled Meeting with the Forestry Specialist 1:45 p.m. Regularly Scheduled Meeting with the Director of the Road Department 2:15 p.m. Regularly Scheduled Meeting with the Director of Solid Waste 3:30 p.m. Regularly Scheduled Meeting with the Director of the Health Department 4:15 p.m. Regularly Scheduled Meeting with the Director of the Mental Health Department Thursday, January 12, 2006 7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Redmond Fire Hall Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 6 of 7 Pages Monday, January 16, 2006 1:30 p.m. Administrative Liaison 3:30 p.m. Regularly Scheduled Meeting with Community Development Tuesday, January 17, 2006 3:00 p.m. Regularly Scheduled Meeting with the Director of the Fair & Expo Center Monday, January 23, 2006 9:00 a.m. Regularly Scheduled Meeting with the District Attorney 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison 3:00 p.m. Regularly Scheduled Meeting with the Commission on Children & Families 3:45 p.m. Regularly Scheduled Meeting with Juvenile Community Justice Wednesday, January 25, 2006 9:00 a.m. Regular Meeting with the Director of Tax & Finance 10:00 a.m. Board of Commissioners' Meeting 1:45 p.m. Regularly Scheduled Meeting with Parole & Probation 2:45 p.m. Regularly Scheduled Meeting with the Sheriff Monday, January 30, 2006 10:00 a.m. Board of Commissioners' Work Session 1:30 p.m. Administrative Liaison Wednesday, February 1, 2006 10:00 a.m. Board of Commissioners' Meeting Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Meeting Agenda Wednesday, November 9, 2005 Page 7 of 7 Pages