2007-573-Minutes for Meeting May 21,2007 Recorded 6/1/2007NANCYUBLANKECOUNTY OFFICIAL NSHIP, COUNTY CLERKDS U 1007.573
COMMISSIONERS' JOURNAL
06/01/2007 03:20;02 PM
2007-673
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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.orc
MINUTES OF BUSINESS MEETING - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 219 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioner Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Mark Pilliod, Legal Counsel; Tom Anderson, Community
Development Department; and eight other citizens. No representatives of the
media were in attendance.
Chair Michael M. 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 Signature of Document No. 2007-
059, Renewing an Intergovernmental Agreement with Crook County for
Building Inspection Services to be Provided by Deschutes County
Community Development Building Division.
Tom Anderson explained this is a straight renewal of an agreement that has
been in place for several years. Deschutes County has the ability to assist
Crook County in this regard.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 1 of 8 Pages
3. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-106, a Measure 37 Claim (Claimant: Kirkpatrick/Salinas).
Mark Pilliod stated that the hearing was held previously on May 15; and the
identity of the claimant has been clarified, with the Order and staff report
adjusted accordingly.
Gayle Kirkpatrick stated that the minor corrections have been done and the
documents are acceptable.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
4. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-111, a Measure 37 Claim (Harris).
Tom Anderson explained that this parcel, lot 1100, is located south of the
Millican Store and north of Pine Mountain. It is ten acres zoned EFU Horse
Ridge subzone, with a wildlife overlay. The owner wishes to partition the
property into two five-acre lots with a residence on each one. The amount of
the claim is $200,000. Mr. Harris acquired the property via deed in 1969, and
has owned it continuously since then. No letters of opposition were received.
Chair Daly opened the hearing. No testimony was offered, so the hearing was
closed.
Chair Daly said that there are probably no roads to the property. Mr. Anderson
replied that the claimant will need to provide information regarding access at
the time a land use application is submitted.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 2 of 8 Pages
5. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-112, a Measure 37 Claim (Camomile/Pond).
Mr. Anderson said that Elmer Pond submitted the claim for the property, lot
1700, located northwest of the City of Sisters. It consists of 156 acres and
straddles Wilt Road, near Camp Polk Road. It is zoned EFU Sisters-Cloverdale
subzone. The claimant wishes to subdivide the land for residential uses, but did
not provide much detail. The amount of damage claimed ranges from $600,000
to $3,000,000, depending upon the size and number of lots created.
Elmer Pond is one of several owners. Betty Camomile, the mother, purchased
the property in 1955. She transferred it to Camp Polk Road Corporation. Mr.
Pond is a shareholder of Camp Polk Road Corporation, which was dissolved
and distributed to the shareholders in 1986. That is the first date with an actual
documented history of Mr. Pond's ownership interest. If the issue ends up in a
reviewing court and the claimant is able to provide evidence, the court decides.
Some amount of subdivision could occur under today's zoning.
No letters of opposition have been received.
Commissioner Luke asked if the family trust is the title holder. Mr. Anderson
replied it is one of the title holders. Mr. Pond is identified by name as an
owner, outside of the trust. Mr. Pilliod said that there are many owners but the
claimant is one individual who owns substantially more than half of the interest
in the property. His attorney wishes to furnish additional information regarding
Mr. Pond's interest in the corporation as well.
Chair Daly opened the hearing. No testimony was offered.
BANEY: Move continuance to June 4.
LUKE: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 3 of 8 Pages
6. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-113, a Measure 37 Claim (Robinson).
Tom Anderson stated that this claim involves three parcels located near
Highway 126. Lot 300 is ten acres, EFU Tumalo Redmond Bend subzone with
an airport overlay. Lot 301, located south of the other lot, is five acres with the
same zoning. Lot 302 is south of lot 301 and is seven acres with the same
zoning. The amount of damage claimed is $600,000. The claimant has
indicated a desire to subdivide.
The property was acquired via a contract of sale on April 11, 1977, and was
conveyed by deed in March of 1992. The property has been owned
continuously since 1977. PL-5 and A-1 covered the property, and there was a
five acre minimum lot size at that time. It is possible the first parcel could be
subdivided, but the other two probably could not have been. This would be
decided in a land use action.
A written objection was received from David Gobiel?
Commissioner Luke said that a letter from the applicant dated December 1,
2006 indicates he does not understand Measure 37 and finds it confusing.
Commissioner Luke agreed that it is difficult.
The hearing was opened; no testimony was offered. The hearing was then
closed.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
7. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-114, a Measure 37 Claim (Shirley).
Mr. Anderson said the claimants are Keith and Kathy Shirley, and the property
is located off Serpentine Drive, west of Lazy River South subdivision. The
claimants would like to subdivide it into nine lots of one acre each. The amount
of the claim is $733,000.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 4 of 8 Pages
The property was acquired by Kathleen Packard (Shirley) on October 25, 1978,
and was transferred to herself and her husband on June 10, 1993. In 1978 the
property was zoned recreational residential, PL-5 with a one-acre minimum, so
one-acre lots could have been approved. In 1993 when Keith Shirley gained
title, this would not have been allowed. Therefore there are different
acquisition dates for each of them.
Mr. Anderson said that no letters of opposition have been received.
Commissioner Baney indicated she received a letter from Randy and Margie
Corsair, who objected.
Chair Daly opened the hearing, and Keith and Kathleen Shirley came before the
Board. They agreed with the staff report and Order. Mr. Shirley thanked the
County for being prompt in handling this claim.
No further testimony was offered, so the hearing was closed.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-115, a Measure 37 Claim (Williamsen).
Mr. Anderson said that this claim involves a single parcel located off Dodds
Road, near Highway 20. It is known as lot 701, consisting of 40 acres zoned
EFU Alfalfa subzone. The claimant wishes to subdivide to create one or two
additional residential lots. The claim amount is $72,000. The property was
acquired via deed on April 4, 1960, and was partitioned in 1986 and 1989. It is
part of a revocable trust, which does not break ownership history. In 1970's
half interest was conveyed to a third party.
In 1984 the property was sold to another party, with the Williamsens acting as
the mortgage holder. The buyers defaulted so the Williamsens took back the
property in 1986.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 5 of 8 Pages
This issue has been debated in various counties regarding how it might affect
ownership history. Staff feels that they retained an interest in the property, and
this situation would not serve to break ownership history. The Order would
indicate the 1960 date for the bulk of the property and an access strip acquired
in 1967. There were no letters of opposition.
Mark Pilliod said that they maintained an interest in the property as the contract
holder. Commissioner Luke said that a bank might hold an interest in a
property, and asked if they also could file a Measure 37 claim if the buyer
defaulted. Mr. Pilliod stated they would have an interest as of the date of the
mortgage. The purchase of this property was never concluded; therefore, the
interest remained. He said he inquired about similar cases and there is no
uniform response; however, most seem to feel that ownership would not have
been broken. Commissioner Daly said that the Measure defines it as "any
interest".
Chair Daly opened the hearing.
Bruce White, attorney for the claimant, stated that the mortgage is an interest,
and the application sets out the legal status as being "any interest therein".
There is an appellant court case that supports this retention of rights. Some
attributes of ownership were retained throughout the time frame.
He clarified that in regard to the flag part of the lot, a small portion of the flag
lot went to an adjacent property.
No further testimony was offered, so the hearing was closed.
BANEY: Move approval.
DALY: Second.
Commissioner Luke said that he feels the owner obviously had wanted to sell
the property, and thinks the claimant's acquisition date should be when the
property was returned to them. He added that he can't support approving this
Order as written.
Commissioner Daly said regardless of the circumstances, he feels that they
retained an interest and no deed was transferred. Commissioner Baney agreed
with Commissioner Daly.
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 6 of 8 Pages
VOTE: BANEY: Yes.
LUKE: No. (Split vote)
DALY: Chair votes yes.
9. Before the Board was Hearing and Consideration of Signature of Order
No. 2007-116, a Measure 37 Claim (Halligan Ranch).
Mr. Anderson said that the claim consists of two separate parcels located east of
Highway 97, near Pronghorn destination resort. Lot 101 has an address on
Highway 97; it consists of 72 acres zoned EFU Alfalfa subzone. The other lot
is 151 acres located southeast of the first parcel, and has the same zoning, with
an airport overlay. (A brief discussion of the location of the properties occurred
at this time.) The claimants declined to pay the processing fee. The claimant
wishes to subdivide the property into parcels of two to five acres each for
dwellings.
The owner of record is Halligan Ranch, Inc. The property was acquired via a
land sale contract dated November 17, 1983 that was not signed until October
15, 1986, so the acquisition date would be 1986. The property was originally
acquired by Donald Halligan with his brother on September 13, 1974 via a
contract of sale with Reginald Halligan. Donald was a shareholder in the
corporation. Should a reviewing court state that Donald has an interest in the
property and waive the claim, the County will hold to that date. Otherwise the
date would be 1986. In 1986 the property was zoned EFU-40 under PL-15.
Some of the property is irrigated and some is dry, and some amount of
subdivision could have been feasible.
Commissioner Luke stated that if a corporation is the owner, it can change
within. Mr. Pilliod explained that the claim was submitted on behalf of the
corporation and Mr. Halligan. He is a shareholder and not an owner, however,
so does not have a claim unless a court says that shareholders have an interest.
Commissioner Daly disclosed that he has known the Halligans for many years.
Bruce White said that there is some confusion as to where this property is
located. (He provided an additional map that is already part of the claim
materials - a copy is attached).
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 7 of 8 Pages
Commissioner Daly stated that the proposed 19th Street extension might go
through the property.
A citizen indicated she wanted to ask some questions or make some comments
on this claim. Since she is not an adjacent property owner, she was advised that
she is not entitled to testify.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
10. Before the Board were Additions to the Agenda.
None were offered.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:10 a. m.
DATED this 21St Day of May 2007 for the Deschutes County Board of
Commissioners. A
ATTEST:
Recording Secretary
Minutes of Board Business Meeting - Land Use Monday, May 21, 2007
Page 8 of 8 Pages
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O 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 - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, MAY 21, 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, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of Signature of Document No. 2007-059, Renewing an
Intergovernmental Agreement with Crook County for Building Inspection
Services to be Provided by Deschutes County Community Development
Building Division - Tom Anderson, Community Development
3. A HEARING (continued from May 15) and Consideration of Signature of
Order No. 2007-106, a Measure 37 Claim (Claimant: Kirkpatrick/Salinas) -
Tom Anderson, Community Development; Mark Pilliod, Legal Counsel
4. A HEARING and Consideration of Signature of Order No. 2007-111, a
Measure 37 Claim (Harris) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
5. A HEARING and Consideration of Signature of Order No. 2007-112, a
Measure 37 Claim (Camomile/Pond) - Mark Pilliod, Legal Counsel; Tom
Anderson, Community Development
6. A HEARING and Consideration of Signature of Order No. 2007-113, a
Measure 37 Claim (Robinson) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
Board of Commissioners' Business Meeting Agenda Monday, May 21, 2007
Page 1 of 6 Pages
7. A HEARING and Consideration of Signature of Order No. 2007-114, a
Measure 37 Claim (Shirley) -Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
8. A HEARING and Consideration of Signature of Order No. 2007-115, a
Measure 37 Claim (Williamsen) - Mark Pilliod, Legal Counsel; Tom Anderson,
Community Development
9. A HEARING and Consideration of Signature of Order No. 2007-116, a
Measure 37 Claim (Halligan Ranch) - Mark Pilliod, Legal Counsel; Tom
Anderson, Community Development
10. 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)
Thursday, May 17, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
9:00 a.m. Community Justice Director Interviews
Monday, May 21, 2007
10:00 a.m. Board Land Use Meeting
11:00 a.m. (After Board Meeting) - Executive Session, under ORS 192.660(2)(h), Litigation
1:00 P.M. Budget Meetings
Board of Commissioners' Business Meeting Agenda Monday, May 21, 2007
Page 2 of 6 Pages
Tuesday, May 22, 2007
7:30 a.m. Legislative Update Conference Call
1:00 P.M. Budget Meetings
Wednesday, May 23, 2007
10:00 a.m. Board of Commissioners' Meeting
1:00 P.M. Budget Meetings
Thursday, May 24, 2007
1:00 P.M. Budget Meetings
Friday, May 25, 2007
1:00 P.M. Budget Meetings
Monday 28, 2007
Most County offices will be closed to observe the Memorial Day Holiday.
Wednesday, May 30, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 31, 2007
6:00 p.m. NOVA (Network of Volunteer Administrators) Awards Dinner, Bend Senior Center
Monday, June 4, 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)
Tuesday, June 5, 2007
7:30 a.m. Legislative Update Conference Call
Board of Commissioners' Business Meeting Agenda Monday, May 21, 2007
Page 3 of 6 Pages
Wednesday, June 6, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 7, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday. June 13, 2007
10:00 a.m. Youth Challenge Graduation Ceremony - Fairgrounds
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 14, 2007
1:00 P.M. Mental Health Department Update
2:00 p.m. Health Department Update
Monday, June 18, 2007
10:00 a.m. Measure 37 Hearings
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, June 19, 2007
7:30 a.m. Legislative Update Conference Call
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, June 20, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, May 21, 2007
Page 4 of 6 Pages
Thursday, June 21, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
9:00 a.m. Juvenile Community Justice Department Update
10:00 a.m. Parole & Probation Department Update
Monday, June 25, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 27, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 28, 2007
9:00 a.m. Fair & Expo Department Update
11:00 a.m. Commission on Children & Families' Department Update
Monday, June 25, 2007
10:00 a.m. (Tentative) Board of Commissioners' Meeting for the Week
1:30 p.m. (Tentative) Administrative Work Session - could include executive session(s)
Wednesday, July 4, 2007
Most County offices will be closed to observe Independence Day.
Thursday, July 5, 2007
8:00 a.m. Regular Meeting with the Sisters City Council, Sisters City Hall
Wednesday, July 11, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, May 21, 2007
Page 5 of 6 Pages
Thursday, July 12, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
12:00 noon Regular Meeting of Audit Committee
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 Monday, May 21, 2007
Page 6 of 6 Pages