2007-1321-Minutes for Meeting June 04,2007 Recorded 6/28/2007DESCHUTES COUNTY CLERKS Q ~Q01~~~~~
NANCY
COMMISSIONERS' JOURNAL 06/26/2007 04:22:54 PM
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2007-3323
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C Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING - LAND USE
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 49 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke and Tammy Baney; Commissioner
Michael MDaly was out of the office. Also present were Mark Pilliod, Legal
Counsel; Tom Anderson and Will Groves, Community Development; and two other
citizens. No representatives of the media were present.
Vice Chair Dennis R. Luke opened the meeting at 10:00 a.m. The Measure 37
opening statement was distributed.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Document No. 2007-
252, Renewing an Intergovernmental Agreement with the State of Oregon
regarding the Administration of the Drinking Water Program by
Deschutes County.
Tom Anderson gave a brief overview of the item.
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday June 4, 2007
Page 1 of 5 Pages
3. Before the Board was Consideration of Approval of Document No. 2007-
263, Release of a Previously Recorded Development Agreement, SP-88-36.
Laurie Craghead stated that this item would be addressed at the next Board
business meeting, as a few changes need to be made.
4. Before the Board was a Hearing (continued) and Consideration of
Signature of Order No. 2007-075, a Measure 37 Claim (Claimant: Big Falls
Ranch).
Mark Pilliod stated that the attorney representing this item has asked for an
extension to July 23.
LUKE: Move this be scheduled for the July 23 Board meeting.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
5. Before the Board was a Hearing (continued) and Consideration of
Signature of Order No. 2007-076, a Measure 37 Claim (Claimant:
Thompson).
Mark Pilliod stated that the attorney representing this item has asked for an
extension to July 23.
LUKE: Move this be scheduled for the July 23 Board meeting.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
6. Before the Board was a Hearing (continued) and Consideration of
Signature of Order No. 2007-080, a Measure 37 Claim (Claimant: Dowell).
Mark Pilliod stated that the attorney representing this item has asked for an
extension to July 23.
LUKE: Move this be scheduled for the July 23 Board meeting.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Monday June 4, 2007
Page 2 of 5 Pages
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
7. Before the Board was a Hearing (continued from April 2 and April 16) and
Consideration of Signature of Order No. 2007-073, a Measure 37 Claim
(Pine Meadow Ranch).
The claimant has asked that this be continued to December 2007, they expect
there will be a ballot item addressing Measure 37 amendments.
LUKE: Move that this be moved to the first regular meeting in December that
the Board addresses land use items (December 3.)
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
8. Before the Board was a Hearing (continued from May 2-1) and
Consideration of Signature of Order No. 2007-112, a Measure 37 Claim
(Camomile/Pond).
Tom Anderson gave a brief overview of the claim. It is located northeast of
Sisters and consists of 156 acres.
Mark Pilliod explained that the previous report was based on the fact evidence
had not been submitted regarding transfer of the property to the corporation,
and there was no evidence that Mr. Pond was a shareholder at that time. Since
that time, the information has been received. Staff's position is that if the
corporation has an earlier acquisition date, and a shareholder is just a
shareholder, the date could be when the legal interest was received, unless a
court finds that the earlier date is appropriate.
The corporation distributed interest in the property to the original owners'
descendants. Camp Polk Ranch, Inc. has been dissolved. There is a deed from
the corporation to Mr. Pond. The amount of his interest has increased since his
wife passed away. For Measure 37 purposes the first time he had an interest in
the property would be when the deed was issues in 1986. A reviewing court
may determine that a person who is a shareholder in a corporation is an owner
for purposes of Measure 37, but this is unknown at this time. The Board has
been inconsistent in its approach to these types of cases.
Minutes of Board of Commissioners' Business Meeting Monday June 4, 2007
Page 3 of 5 Pages
Tom Anderson said that a land use application would require all owners of a
property to approve the application, so if other owners object to the application
it will not move forward.
Commissioner Baney opened the hearing at this time.
Lisa Clem, an attorney with Bryant Lovlien representing the claimant, testified.
She said that a deed shows a transfer of the property to the corporation, of
which Elmer is a shareholder, in 1978. It is an interest in the property at that
time. Other jurisdictions have granted waivers on this basis. Although Mr.
Pond started his tenancy on the property at that time, no documents are
available in that regard. The transfer should be adequate, and there is tax law
showing interest in family owned corporations has standing.
Commissioner Luke stated that he is waiting for a court decision so that the
legislature can clarify this issue.
Elmer Pond came before the Board. He said he thinks everything has been
submitted. He has 70% ownership interest and lived on the Ranch on and off
since 1953.
Ms. Clem said that there is a claim before LCDC, but it has not yet been
addressed. This process could take up to a year.
Mr. Pilliod asked about the nature of the trust. Mr. Pond said that the tax bill
shows him as the administrator of the trust, which was formed after the
corporation was dissolved. This could have some bearing on a potential future
claim from his children.
Mr. Anderson said that the current tax record shows a number of owners. Mr.
Pond is listed as administrator of the trust and also individually. The trust was
not established until 1991.
Ms. Clem stated that the 1986 transfer to the trust includes the same people.
No other testimony was offer; the hearing was closed.
LUKE: Move this be scheduled for further discussion at the July 23 Board
meeting.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday June 4, 2007
Page 4 of 5 Pages
Commissioner Baney emphasized that it is difficult to deal with the gray areas
of the law.
9. Before the Board were Additions to the Agenda.
None were offered.
Being no further items to come before the Board, Commissioner Baney
adjourned the meeting at 10:40 a. m.
DATED this 4th Day of June 2007 for the Deschutes County Board of
Commissioners.
ATTEST:
(~9~ &kv-,
Recording Secretary
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ichael M. Daly, C air
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Dennis R. Luke, Vice Chair
Tammy Baney, Con6iissioner
Minutes of Board of Commissioners' Business Meeting Monday June 4, 2007
Page 5 of 5 Pages
`~'T* E S
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0 { 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, JUNE 49 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. 2007-252, Renewing an
Intergovernmental Agreement with the State of Oregon regarding the
Administration of the Drinking Water Program by Deschutes County - Tom
Anderson, Community Development
3. CONSIDERATION of Approval of Document No. 2007-263, Release of a
Previously Recorded Development Agreement, SP-88-36 - William Groves,
Community Development Department
PLEASE NOTE: Items 4, S and 6 will likely be continued to a date certain of
July 23, per the request of the claimants' attorneys.
4. A HEARING (continued) and Consideration of Signature of Order No.
2007-075, a Measure 37 Claim (Claimant: Big Falls Ranch) - Mark Pilliod,
Legal Counsel; Tom Anderson, Community Development Department
5. A HEARING (continued) and Consideration of Signature of Order No.
2007-076, a Measure 37 Claim (Claimant: Thompson) - Mark Pilliod, Legal
Counsel; Tom Anderson, Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, June 4, 2007
Page 1 of 5 Pages
6. A HEARING (continued) and Consideration of Signature of Order No.
2007-080, a Measure 37 Claim (Claimant: Dowell) - Mark Pilliod, Legal
Counsel; Tom Anderson, Community Development Department
7. A HEARING (continued from April 2 and April 16) and Consideration of
Signature of Order No. 2007-073, a Measure 37 Claim (Pine Meadow Ranch) -
Mark Pilliod, Legal Counsel; Tom Anderson, Community Development
Department
8. A HEARING (continued from May 21) and Consideration of Signature of
Order No. 2007-112, a Measure 37 Claim (Camomile/Pond) - Mark Pilliod,
Legal Counsel; Tom Anderson, Community Development
9. 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)
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, June 4, 2007
Page 2 of 5 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
10:00 a.m. Board Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, June 4, 2007
Page 3 of 5 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. (tentative) Board Land Use Meeting
1:30 p.m. (tentative) 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, July 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)
Tuesday, July 3, 2007
7:30 a.m. Legislative Update Conference Call
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
Board of Commissioners' Business Meeting Agenda Monday, June 4, 2007
Page 4 of 5 Pages
Wednesday, July 11, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 12, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
12:00 noon Regular Meeting of the 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, June 4, 2007
Page 5 of 5 Pages