2007-391-Minutes for Meeting January 31,2007 Recorded 3/29/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 1+d ~00~•391
COMMISSIONERS' JOURNAL 0312912007 04;25;15 PM
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2007-381
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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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 31, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; Tom Blust and George
Kolb, Road Department; Undersheriff Larry Blanton, Officer Rebecca Brown and
Sue Brewster, Sheriff's Office; Tom Anderson, Community Development
Department; Mark Pilliod and Laurie Craghead, Legal Counsel; Dan Peddycord,
Health Department; media representatives Keith Chu of The Bulletin and Barney
Lerten of News Channel 21; and nine other citizens.
Chair Daly opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Citizen Myrt Williams came before the Board to discuss concerns she has about
94th Street, and presented a petition asking that 94th Street be made a County
road since it is used by many people on a daily basis.
She pointed out that the County could have the utility pole located in the street
relocated; it blocks line of sight and narrows the road. She added that since the
Bend-Redmond Highway was widened to add a bike path, runoff is a greater
problem. She noted that there was water the full width of the street and people
drove onto private property to get around it.
She said that she understands highway funds are supposed to be used for
construction and repair, and the current use justifies the road improvements.
She also said that some property owners are still encroaching on the road; in
particular, a berm is still in place and water runs down the road. There are also
some rocks encroaching on the roadway.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 1 of 12 Pages
Commissioner Daly asked if she is requesting the County to take over the road.
She replied that this needs to be a priority. It will never pass a local
improvement district. There are health issues since she believes the cinders
used on the road violate the Clean Air Act; she has discussed this with DEQ.
And ambulance services feel the road is too rough to travel.
Commissioner Daly asked if there is a neighborhood association to take care of
road work. Ms. Williams stated that the group is defunct after years of inaction
and there is no road maintenance agreement. She feels that nothing will get
done if she and the others have to try to do it themselves. She has talked with
everyone and it is a diverse group. Some live out of the area and some don't
care.
Tom Blust explained that if there is a road district, they could contract with a
private party to grade the road. They need a permit and have to deposit $500
that is refundable, and the contractor needs to be insured. There are about 900
miles of local access roads that are public but are not maintained by the County.
Some are maintained by homeowners' associations, some by special road
districts and others get together in a more informal way to take care of it.
Ms. Williams stated that there is nothing to maintain. They tried to grade it, but
all it did was roll up the new rocks. She solicited bids and found that for a 3/10
mile distance, it would cost over $4,000. She feels that as taxpayers who pay
property taxes after improving the property, they are getting nothing.
Commissioner Luke pointed out that property tax is not put into roads. It
covers law enforcement services, health and mental health services and similar
programs. No property taxes go into roads. Some funding for roads is from gas
and vehicle registration taxes.
Commissioner Luke pointed out that an LID or road district can be formed. It
appears that not enough property owners are concerned enough to contribute.
The County is losing about $3 million of federal road funds in the future, which
will leave little to take care of the roads that are already paved.
Ms. Williams said that the subdivision was allowed in 1968, and the County has
the power to spend money on local access roads if there is an emergency
situation. A lot of people use the road to get through the subdivision, so this is
a public transportation issue. They can't afford to buy gravel themselves, so
there is nothing to maintain.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 2 of 12 Pages
Commissioner Daly asked that she give her documents to Tom Blust to address
her concerns. Commissioner Baney added that the concerns are valid, and that
she should work with the Road Department to perhaps come up with some
options. She said that perhaps some of the neighbors could help address this
problem as well.
2. Before the Board was a Consideration of Signature of Document No. 2007-
023, a Lease Agreement for the Terrebonne Substation.
Undersheriff Larry Blanton gave an overview of the lease agreement. There
previously were substations in Redmond and Terrebonne; for cost savings, the
operation was moved to Terrebonne. Part of the old building has been taken
over by the bank. The new building offers more square footage and there will
be a small meeting room available for other users.
Eventually there will be a room for emergency services. He did negotiate some
building improvements. This will be a much better building with more parking
for customers, and will meet the needs of the Sheriff and local citizens.
Eventually they will be able to do arraignments there as well.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was a Consideration of Signature of Towing Contracts:
Ten Five-Month Extensions of Existing Contracts, and Two New Contracts
with La Pine Towing Companies.
Sue Brewster gave an overview of the item. She requested a six-month
extension so they will have time to discuss issues relating to non-preferenced
tows and other concerns of the public. A revised contract will address these and
other issues. The Sheriff's Office would be able to set the rates.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 3 of 12 Pages
Larry Blanton said there are many reputable towing companies in the County
but always a few that may not be. The full list of non-preference tows would
include anyone. He wants to be sure that whoever arrives at the scene is a
reputable company. These documents would extend the contracts so the overall
policy can be reviewed in the interim.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Consideration of Signature of Document No. 2007-
055, Financial Services Agreement Revision #2 with the Oregon
Department of Human Services regarding Funding for Various Health and
Bioterrorism Programs.
Dan Peddycord explained the nature of the three agenda items. Funding is
spread among a variety of programs; there were also some reductions in funds.
This reduction was expected and was planned for during the budget process.
5. Before the Board was a Consideration of Signature of Document No. 2007-
056, Financial Services Agreement Revision #3 with the Oregon
Department of Human Services regarding Funding for Bioterrorism
Planning and the WIC Program.
6. Before the Board was a Consideration of Signature of Document No. 2007-
057, Financial Services Agreement Revision #4 with the Oregon
Department of Human Services regarding Funding for Various Health and
Bioterrorism Programs.
LUKE: Move approval of Documents 2007-055, 056 and 057.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 4 of 12 Pages
7. Before the Board was a Consideration of Signature of Order No. 2007-033,
Abandoning Whittier and Wolf Local Improvement District.
George Kolb said only 48% of the vote was positive.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was a Consideration of Signature of Order No. 2007-034,
Abandoning Pumice Butte Local Improvement District.
George Kolb said that there are some issues with this LID. It was close to
passing. Several residents said they had mail theft and were not able to vote.
He is trying to get the names of all who voted. He is talking with Legal
Counsel to determine if a re-vote should happen.
Commissioner Luke said that if they believe it passed, something needs to be
done.
LUKE: Move that this item be withdrawn from agenda until this issue is
resolved.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
9. Before the Board was a Consideration of Signature of Order No. 2007-035,
Abandoning Rancho El Sereno Local Improvement District.
Tom Blust stated that although the positive vote was 51 the County Code
was written to require 60%. There is so much work if it is improved; he wants
to make sure there is substantial support for the project.
He added that he would like to see the initial application numbers from 25% to
50%, and maybe limit it to five LIDS a year. They are not able to accept them
now.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 5 of 12 Pages
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board was a Consideration of Signature of Order No. 2007-042,
Abandoning Donner Place Local Improvement District.
Tom Blust stated this was a unique situation, with only five lots and two
petitioners. The cost estimate was given and it was found to not feasible for
this work to be done. He added that the filing fee of $800 should be refunded
since not much was done.
LUKE: Move approval, and allow for a refund of the filing fee.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was a Public Hearing and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2007-
004, Clarifying Board Meeting Scheduling and Establishing Consistency
Terminology.
Laurie Craghead gave an overview of the item. County Code indicated specific
days of the week for the Board to meet; this has been made more flexible.
The Board had questions about the Chair appointing a Vice Chair. Ms.
Craghead said that no ORS tells you how to do this. Dave Kanner suggested
that the Board as a whole would elect both. This language will be refined.
Chair Daly opened the public hearing. Being no testimony offered, he closed
the hearing.
BANEY: Move the hearing be continued until February 7.
LUKE: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 6 of 12 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
12. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2007-031, regarding the Dissolution of Special Road District #4
and Oregon Water Wonderland #1 Special Road District.
Laurie Craghead explained that these districts have not had any activity for at
least ten years, probably longer. Notices were sent out although the boundaries
of Special Road District No. 4 could not be established. Evidently no one was
willing to serve on these District boards. Chair Daly stated that he believes
several of the people are now deceased or have moved out of the area. It is
unfortunate that the boundaries of the one District cannot be established since
the money in the account will have to go into the General Fund.
Ms. Craghead said that the Board is mandated to dissolve the District after a
certain period of time.
Chair Daly opened the public hearing. Being no testimony offered, the hearing
was closed.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
13. Before the Board was a Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2007-008 regarding Private
Property Compensation Claims (Measure 37).
Mark Pilliod explained the item. There has been some public comment. He
noted that one word, "resolution", needs to be replaced with "order".
LUKE: Move to change this wording as explained.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 7 of 12 Pages
Mr. Pilliod said a public hearing is not required because this is not a land use
issue. There was one letter received from Attorney Bruce White questioning
some of the language.
With respect to a question as to whether a person who asks to amend a claim or
asks for additional time to develop a suitable claim, the change in Ordinance
would deem this request as a waiver of the 180 day time period. This puts into
the Ordinance what the Board is already doing. Also, Mr. White suggests that
the Board is without authority regarding Circuit Court. Circuit Court already
has jurisdiction to review Board decisions. Also, this does not affect a right to
seek judicial review in any way desired. The Supreme Court acknowledged
that there are no constitutional limits in asking for a review of the County's
decision. The Board has statutory home rule, not constrained by state law, the
legislature or the Courts. Nothing in state law addresses this.
Statutory home rule gives broad authority, limited by the Constitution,
legislative law and the Courts. Home rule by charter is likely to contain the
exact same language as is found in statute.
Commissioner Luke asked if there are court challenges that might help clarify
the law. Mr. Pilliod replied, not in this Ordinance. The whole purpose of
enabling review by the Courts is to fill in the gaps left by Measure 37. It
doesn't appear that the legislature will do anything soon. It is likely direction
will have to be taken based on court cases.
Another point brought up by Mr. White is the provision limiting building
officials' issuance of permits only to the people who receive the Measure 37
waiver. He maintains it is a matter of transferability, which will be decided by
the Courts. The problem is that the refusal to issue a permit can itself be
challenged at Circuit Court. For the moment, building officials need some
direction as to how to proceed.
Tom Anderson explained that in most development applications, there are two
main parts. The first is the subdivision of the land, through a land use process,
following the parameters of the zones. They then submit a final plat map for
recording to establish lots for the Assessor's Office. The second part is the
actual building permit process. In the case of Measure 37 claims, the first step
is the land use process when they come in with waivers and ask to subdivide.
The Hearing Officer will review Measure 37 as a part of that decision. The lots
would then be established lawfully.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 8 of 12 Pages
The second thing is having someone apply for a permit to build. The Code as
written would have the building official looking at ownership and whether the
lot was lawfully established. The Measure 37 lots would have been. Some
alternative language might be used to address Mr. White's concerns but to give
direction on how to deal with these claims in general.
The group then discussed possible language adjustments. Commissioner Baney
said that she is not ready to vote on this until some of the language is reviewed,
especially in regard to the transferability issue.
Mr. White came before the Board. He said he has no problem with the Board's
current practice of allowing extensions of time. His concern is the outright
waiver of the 180 days and having it go away in its entirety. This is the action-
forcing mechanism of the Measure.
His other concern was the amendments to claims. If he were to come in with
additional supporting evidence but don't amend the claim itself, is this
considered an amendment. The transferability issue cannot be answered at this
point.
LUKE: Move that the Ordinance be continued to the Board meeting of
February 5.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
14. Before the Board was a Consideration of Chair Signature of an Oregon
Liquor Control Commission License Application for R & B Mini-Mart,
Redmond.
The applicants came before the Board. Commissioner Daly said there were
some concerns expressed by the Sheriff's Office.
Mr. Wainwright explained where the property is, and gave a brief overview
addressing why he thinks the Sheriff recommended denial. He completed the
application with the help of the OLCC.
Commissioner Daly stated that the OLCC is the ultimate decision-maker
anyway. Commissioner Luke suggested that Mr. Wainwright speak with the
OLCC to clear up the application and amend it if necessary.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 9 of 12 Pages
15. Before the Board was a Consideration of Signature of Letters Accepting
the Resignation of Ted Jones and Tammy Baney from the Deschutes
County Commission on Children & Families, and Thanking Them for their
Service.
LUKE: Move approval.
DALY: Second.
VOTE: BANEY: Abstain.
LUKE: Yes.
DALY: Chair votes yes.
16. Before the Board was a Consideration of Signature of Letters Appointing
Bill McKinney to, and Accepting the Resignation of Janet Zuelke from, the
Board of Directors of the Panoramic Access Special Road District, through
December 31, 2009.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for the 9-1-1 County Service District in the Amount of $7,638.30.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 10 of 12 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-11 County Service District in the Amount of $12,074.19.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for Deschutes County in the Amount of $2,839,904.81.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
20. ADDITIONS TO THE AGENDA
Commissioner Luke said that a letter is being drafted by the MPO consortium
regarding safety net funding, and he'd like to add the County's name to the
letter.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 11 of 12 Pages
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 12:20 p.m.
DATED this 31St Day of January 2007 for the Deschutes County
Board of Commissioners.
Michdel M. Daly, Chair
De is R. Luke, ice Chair
ATTEST:
6w,~ f)l~-
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, January 31, 2007
Page 12 of 12 Pages
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in-to-a Coun ty staff person.
Name
& Myrt Williams
M a i l i n 64682 Cook Ave, #33
Bend, OR 97701
Phone syl _31 7 _ L/
E-mail Address: 1,,.,v,,,,,
Date:
7
Subject: y~l,,
~Y
BOARD OF COUNTY COMMISSIONERS
FOR
DESCHUTES COUNTY, STATE of OREGON
Petition for resolution or order making
94th Street, located in First Addition to Whispering
Estates, Subdivision in Deschutes County, Oregon
a County road.
We the undersigned, owners of property fronting or using the road for
ingress and egress do hereby petition the Board of County
Commissioners of Deschutes County, to pass a resolution or order
making 94th Street a county road. (Attached, please find argument
supporting request.)
NAME Resident Mailing address Phone
to Y4, 82 (mud Me -633 30 -A' 12
D
___W _J . W Gtt,,,,, s /n S.t qo 9y'4 IV/, Q2-6,p ~o~ v1k3 ~?l 7 -,Fq 12
BOARD OF COUNTY COMMISSIONERS
FOR
DESCHUTES COUNTY, STATE of OREGON
Petition for resolution or order making
94th Street, located in First Addition to Whispering
Estates, Subdivision in Deschutes County, Oregon
a County road.
We the undersigned, owners of property fronting or using the road for
ingress and egress do hereby petition the Board of County
Commissioners of Deschutes County, to pass a resolution or order
making 94th Street a county road. (Attached, please find argument
supporting request.)
NAME Resident Mailing address Phone
d, C,e& I z It 4 rG b y At A
,L ~,xJ 7
BOARD OF COUNTY COMMISSIONERS
FOR
DESCHUTES COUNTY, STATE of OREGON
Petition for resolution or order making
94th Street, located in First Addition to Whispering
Estates, Subdivision in Deschutes County, Oregon
a County road.
We the undersigned, owners of property fronting or using the road for
ingress and egress do hereby petition the Board of County
Commissioners of Deschutes County, to pass a resolution or order
malting 94th Street a county road. (Attached, please find argument
supporting request.)
NAME Resident Mailing address Phone
:4a 31 eoa,~}
4' J^ k, Pc, /x-,j 4 j 1 ~e s7 38s- P6-{&
BOARD OF COUNTY COMMISSIONERS
FOR
DESCHUTES COUNTY, STATE of OREGON
Petition for resolution or order making
94th Street, located in First Addition to Whispering
Estates, Subdivision in Deschutes County, Oregon
a County road.
We the undersigned, owners of property fronting or using the road for
ingress and egress do hereby petition the Board of County
Commissioners of Deschutes County, to pass a resolution or order
making 94th Street a county road. (Attached, please find argument
supporting request.)
NAME Resident Mailing address Phone
J= I' -eeko 312-
7 om` Cdr
HAZARDS & HEALTH FACTS of 94TH Street:
Lets talk about these hazards;
➢ Telephone/power pole 15 feet + or - on road rightvfmwRy. ORS 758.010(2) says
in part " may order the location of any such line or fixture to be changed when
governing body or department deems it expedient" "expedient: whatever is
suitable and appropriate in reason for the accomplishment of a specified object."
Now it would seem to me that a hazardous pole that sets on a public road would
fall under that guideline. I talked to Qwest, the utility that owns pole and they
quoted me just under $5000.00, Pacific Power said if it was County fixing road
they would move there stuff on pole at no charge. Avion Water said they would
see that shut off were put underground. I believe that if County was making the
request, Qwest would be required by law to move at their cost. In a recent
Attorney General opinion (referenced in Oregon Judicial Dept Appellate Court
Opinion) in part quoted " prohibited the expenditure of highway funds to pay
ODOT's expenses in the permit process for plan review, supervision, and
implementation of utility facility installation and relocation."
➢ Intersection 94th and Old Bend Redmond Hyw. Deschutes County resurfaced
and created a bike path on said Hyw. This compounded an already bad problem
by run off from the paved surface. We had water the full width of 94th , with no
way to get around. To drive through that deep water can affect braking or
cause a lack of brakes. Visibility is compromised when a car is setting in a hole
and also by the roadway markers, to North. This intersection is a school bus
stop, I question the safety of kids walking by a large mud hole. Oregon,
Constitution, Article IX, section 3a, which dedicates highway funds related to
public highways, roads streets and roadside rest area, says in part; "(1) revenue
from the following shall be used exclusively for the construction, reconstruction,
improvement, repair, maintenance, operation and use of public roads, highways
streets in this state" (a) Any tax levied on, motor vehicle fuel or any product
used for the propulsion of motor vehicles; and (b) Any tax levied on the
ownership, operation or use of motor vehicles." The law does not specify A
COUNTY ROAD OR STATE HIGHWAY, and a bicycle is not a motorized
vehicle. I believe that ORS 368.031(2) (b) The public use of the road justifies the
expenditure that it would have taken to correct the above stated Hazard, the
equipment was there during the paving and it should have been part of that
paving contract on that intersection. While researching this road an employee of
the County, accessed the platt map and county commissioners journal from
archives that this road had been dedicated to the public as public road right of
way. The definition of a public road is a road over which the public has a right
of use that is a matter of public record.
➢ Encroachment by property owners on a public road right of way; ORS 368.271
clearly outlines a procedure to address these hazards and you have walked
around them. These were brought to your attention in September of 2004 and
again in December of 2005. The encroachment was only partly removed and
there is still a berm that diverts water and snow run off creating damage and
road hazards if you hit that berm with a vehicle. There are now rocks being put
in roadway on south end of 94th where it accesses Tumalo Road. They are also a
hazard. The roads are in such bad shape that property owners that do not have
a fence on property line are using rocks to protect property but have extended
out in road right of way creating a hazard. The rains this winter have washed a
3 foot + wide ditch that is 3 to 4+ inches deep, that moved all cinders from this
ditch onto Tumalo Rd and across, compromising other driveways as well as
traffic.
➢ Health issues: Pulverized cinders; I talked to Frank Messena with DEQ about
the risk of cinders on our roadways. Their air monitors have identified
pulverized cinders as a health risk to those with breathing problems. It violates
the Clean Air Act. They are working with road departments to address this
issue. If this is a problem for the short period that it is used during winter
months, think how many cinders can be pulverized in 39 years of vehicule traffic
and the effect on people. This is continually brought into the garage and is too
fine to sweep out clean. (sample) In my opinion this is a serious health risk.
Ambulance service, I can tell you right now, where minutes count and if you
have ever ridden in an ambulance, over this road you would wish that you had
died before you traveled a hundred feet. This road needs repair.
➢ You can tell us that maintenance is property owner's responsibility. You require
a permit at a cost of $500 to $600 or a million-dollar bond. This can be
intimidating to a lot of people, so nothing gets done. We tried to grade after we
removed snow last winter and there is nothing to maintain. To bring up to a
level that we can maintain would cost us about a 1000 yds of gravel for 3/10th of
a mile to our driveway. I can only reasonably expect to get help from 3 other
property owners on our end of 94th . This would cost us over $4000.00 apiece.
Are a few expected to bear the cost? During the last L.I.D. I acted as chief
petitioner and had contact with everyone on this road. An L.I.D. will never pass
under current county rule. I would consider this a lower middle class
neighborhood that is zoned MUA, multi-use-ag. Restricting acreage size in
order to protect a country style. The people that live here are retired or the
working class with families, working to make ends meet. I believe it is time to
priortize task. A bike lane should not be on that list, when hazards exsist on a
public roadway.
➢ I have made a packet for each of you along with note and picture. If you
schedule a meeting to discuss this, I would ask that I be notified and given the
chance to attend. If you rule against us, I want you to outline the options that we
need to follow to bring this issue to closeure.
Written and submited by;
Myrt Williams
Resident :65240 94th Street
Mailing Address:
64682 Cook Ave # 33
Bend OR 97701
Phone: 541-317-8412
Cell: 541-408-2877
e-mail myrtmw@oregoncoast.com
2
BACKGROUND 94TH STREET
A public road right of way and a part of Whispering Pines Estate that
was approved and accepted by Deschutes County in April of 1968.
Reservations and restrictive covenants that were recorded with this sub-
division (Vol 249 pg 799) on page 3 #7) states in part " they shall
remain in effect for a period of twenty years unless changed or amended
by the committee." There is no record or knowledge of any
homeowners association, committee or road maintenance that has been
maintained. Apparently the county has no check and balance system
or guidelines that are based on an approval, to see that the intent of the
approval is in place.
The developer was allowed to create a public road right of way with a
telephone/power pole in that access area. This pole should have been
relocated before the approval. This pole is a hazard.
Realtors and title companies are still making sales that leaves the
impression that this is a working homeowners association with a
roadway maintenance. This is wrong.
State law has given the counties jurisdiction over these roads and with
this jurisdiction comes a duty and responsibility for the county to work
with property owners for a fair and equitable solution to make
94IhStreet safe and hazard free.
CHARACTERS OF ROAD
1- 1 mile ( plus or minus) in length, with 34 property owners.
2- Dual access to paved road (Old Bend-Redmond Rd. & Tumalo Rd.)
3- 4 artery roads that intersect, 971k891h, Pony and Penny. Main access
for Pony and Penny.
4- Encroachment allowed by county.
5- 2 rentals
6- 3 out of state owners (involves 5 parcels)
7- 1 hardship case that has 2 dwellings.
p, t,1.2-
TAXES
The creation of this road has substantially created more revenue for the
county with the development of these properties, without any expense to
county for road services.
To get these services we are required to bring them up to county
standards and follow county code by creating and passing a Local
Improvement District (L.I.D.) requirement. We have been through this
twice and do not see chance of passing under currant rules. With the
character of this road and to cover the cost of bring up to county
standards, the county needs to absoltS the administration cost and relax
some of the rules for the people that live on and use this road every day
in their daily quest to make a living. The cost has to be fairly
distributed and at an amount that is not paying for your cost of
administration. We all pay taxes and right now services are a big zero.
THE LAW
368.016 (c) may by resolution or order make any public road within its
jurisdiction a county road.
368.031 (2) (b) The public use of the road justifies the expenditure
proposed;
PUBLIC USES
Deliveries (medical supplies, UPS, FEDX, daily paper)
meter readers for water and electric, police patrols,
garbage pickup.
Artery roads that have to use 94th for access have no say or financial
responsibility if we go through an L.I.D.
HEALTH & SAFTY
Response time is compromised for fire equipment & ambulance.
HAZARDS
Pole in road right of way. Lack of road side fire maintenance (no
enforcement.) encroachment by property owner.
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July 27, 2005 LID Areas
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Locator Map
BRUCE W. WHITE
:BRUCE W. WHITE, ATTORNEY, I,I.,C
January 31, 2007
Via Email and Hand Delivery
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 100
Bend, OR 97701
Re: Measure 37 Ordinance Revisions
Dear Cornrniss.ioners Daly, Luke and Baney:
I am writing to comment on the proposed changes to Deschutes County's Measure 37
compensation ordinance. I have represented and continue to represent numerous Measure. 37
property owners who have presented Measure 37 demands to the County. In making these
comments, I. am not representing any particular client or clients, but am speaking to the ordinance in
general based upon my experience with Measure 37. I support sonic of the changes, but I believe
others are ill-advised and are Ii.kely outside the C:.ountv's authority.
The changes to the evidentiary standard regarding loss in value make sense, given the County's
practice to not adhere to those standards. Other changes make less sense, however.
The proposal to require Measure 37 property, owners to waive the 180-day> response period if they-
chose to amend their claim or to ask for additional time is not authorized by, Measure 37. The '180-
day demand period is one of the central features of Measure 37 and along with the attorney fee
provision is the action-forcing piece of the measure. Any attempt to alter that balance requires
action from the Oregon Legis.lati-ve Assembly. Measure 371 does not require that Measure 37
property, owners participate in a county claims process as a prerequisite to filing an action in Circuit
Court for compensation. Property owners are free to disregard the County's claims process, not pay
filing fees and to make a compensation demand with the minimum amount of information
necessary to identify, their property-, their date of acquisition, etc. and ait out the 1130-dav demand.
period. I predict that these proposed changes will make property owners become less cooperative
with the County in presenting Measure. 37 demands. If the changes are adopted, I will. henceforth
advise Measure 37 property owners to not pay any fee or take any other action that might be
construed as "consenting" to the County's optional claims review process.
Where demands are or have been filed that expressly or implicitly object to the demand being;
considered under the County's claims process, the County will be rolling the dice with the 180-day
time clock if it places any reliance on the waiver p.tovisio.ns of the proposed ordinance. The waiver
provision should be eliminated.
Similarly, the provision that would authorize appeals by participants in a writ of review action
25 NW MINNESOTA AVE., SUITE 9
P.O. BOX 1298 • BEND, OR • 97709
PHONE: (541) 382-2085
-2- 'January 31, 2007
overreaches the County's authority. -An ordinance adopted by the County cannot confer authority
on the Circuit Court; only a statute adopted by the Oregon Legislative Assembly can do so. This
provision should be removed.
Finally, the provision requiring that only the recipient of a waiver can apply for a building permit is
ill-advised. It appears to be aimed at dealing with the. issue of transferability. Matters related to
transferability are matters of state law that xvill be resolved either by the legislature or by the courts.
The Crook County Circuit Court case on transferability suggests that a waiver tray become
transferable at such time as the development action authorized by the waiver has vested. At what
point that occurs is not certain, but it is conceivable that a subdivision platted under :Measure 37
could be developed with infrastructure such as roads, water systems or septic facilities to such a
point that the waiver right to place dwellings on the resulting lots would be viewed as having vested,
without any necessity- that the original claimant file for building permits. In addition, where a
Measure 37 property owner has received a waiver for property zoned RR-10 or MIJA-10 (where
dwellings are allowed outright) and then proceeds to file a partition or subdivision plat, he or she
willalmost certainly have vested his or her rights by filing; of the plat and no further assistance under
the Measure 37 waiver would be required to obtain a building pertnit for a dwelling. In view of the
uncertainties and variability of situations related to transferability=, it would be best if the County's
ordinance, remained silent on this issue. This provision should be removed.
Thank you for this opportunity to comment.
Sincerely,
Bruce W. White
c. Mark Pilliod
Tom Anderson
OTES
02
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JANUARY 31, 2007
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 Signature of Document No. 2007-023, a Lease
Agreement for the Terrebonne Substation - Larry Blanton and Sue Brewster,
Sheriff's Office
3. CONSIDERATION of Signature of Towing Contracts: Ten Five-Month
Extensions of Existing Contracts, and Two New Contracts with La Pine Towing
Companies -Sue Brewster and Rebecca Brown, Sheriff's Office
4. CONSIDERATION of Signature of Document No. 2007-055, Financial
Services Agreement Revision #2 with the Oregon Department of Human
Services regarding Funding for Various Health and Bioterrorism Programs -
Dan Peddycord, Health Department
5. CONSIDERATION of Signature of Document No. 2007-056, Financial
Services Agreement Revision 43 with the Oregon Department of Human
Services regarding Funding for Bioterrorism Planning and the WIC Program -
Dan Peddycord, Health Department
6. CONSIDERATION of Signature of Document No. 2007-057, Financial
Services Agreement Revision #4 with the Oregon Department of Human
Services regarding Funding for Various Health and Bioterrorism Programs -
Dan Peddycord, Health Department
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 1 of 7 Pages
7. CONSIDERATION of Signature of Order No. 2007-033, Abandoning
Whittier and Wolf Local Improvement District - George Kolb, Road
Department
8. CONSIDERATION of Signature of Order No. 2007-034, Abandoning
Pumice Butte Local Improvement District - George Kolb, Road Department
9. CONSIDERATION of Signature of Order No. 2007-035, Abandoning
Rancho El Sereno Local Improvement District - George Kolb, Road
Department
10. CONSIDERATION of Signature of Order No. 2007-042, Abandoning
Donner Place Local Improvement District - George Kolb, Road Department
11. A PUBLIC HEARING and Consideration of First and Second Readings
and Adoption, by Emergency, of Ordinance No. 2007-004, Clarifying Board
Meeting Scheduling and the Emergency Chain of Command - Laurie
Craghead, Legal Counsel
12. A PUBLIC HEARING and Consideration of Signature of Order No. 2007-
031, regarding the Dissolution of Special Road District #4 and Oregon Water
Wonderland # 1 Special Road District - Laurie Craghead, Legal Counsel
13. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2007-008 regarding Private Property
Compensation Claims (Measure 37) - Mark Pilliod, Legal Counsel
14. CONSIDERATION of Chair Signature of an Oregon Liquor Control
Commission License Application for R & B Mini-Mart, Redmond
15. CONSIDERATION of Signature of Letters Accepting the Resignation of Ted
Jones and Tammy Baney from the Deschutes County Commission on Children
& Families, and Thanking Them for their Service
16. CONSIDERATION of Signature of Letters Appointing Bill McKinney to,
and Accepting the Resignation of Janet Zuelke from, the Board of Directors of
the Panoramic Access Special Road District, through December 31, 2009
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 2 of 7 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
18. CONSIDERATION of Signature of Document No. 2007-058, a Lease
Agreement with 4-H Leader's Association regarding Property Located at the
Deschutes County Fair & Expo Center - Dan Despotopulos, Fair & Expo; Dave
White and Steve Fitzgerald, 4-H
19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
21. 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.)
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 3 of 7 Pages
Wednesday, January 31, 2007
8:30 a.m. Interviews - Fair Board
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 1, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Friday, February 2, 2007
6:00 a.m. Sunriver Chamber of Commerce Annual Installation Dinner, at Sunriver
Monday, February 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
6:00 p.m. The Group Meeting at White House behind Les Schwab Amphitheater
Wednesday, February 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 8, 2007
8:30 a.m. Fair Board Meeting (Tentative)
Tuesday, February 13, 2007
9:00 a.m. Board of Commissioners' Meeting - Measure 37 Claims
Wednesday, February 14, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 4 of 7 Pages
Thursday, February 15, 2007
7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting, at County
Monday, February 19, 2007
Most County offices will be closed to observe Presidents' Day
Wednesday, February 21, 2007
9:30 a.m. Community Fire Plan Signing, at Sunriver Library
12 noon Regularly scheduled Department Heads Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. February 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 13, 2007
9:00 a.m. Board of Commissioners' Meeting - Measure 37 Claims
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 5 of 7 Pages
Wednesday, March 14, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 15, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Monday, March 19, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 20, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 21, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 2, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Board of Commissioners' Business Meeting Agenda Wednesday, January 31, 2007
Page 6 of 7 Pages
Wednesday, April 4, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 5, 2007
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
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' Business Meeting Agenda Wednesday, January 31, 2007
Page 7 of 7 Pages