2007-1596-Minutes for Meeting October 01,2007 Recorded 10/26/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS 1~J 2007.1596
COMMISSIONERS' JOURNAL
1111111111111111111111111111111 10/26/2007 01:46:49 PM
2007-1598
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Deschutes County Clerk
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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.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 1, 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; Anna Johnson,
Communications; Tom Anderson, Paul Bliksad and George Read, Community
Development; Mark Pilliod, Laurie Craghead and Steve Griffin, Legal Counsel;
and five other citizens. No representatives of the media were present.
Chair Daly opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
The Commissioners acknowledge Anna Johnson's five years of service. They
also were introduced to Steve Griffin, the County's new Deputy Legal Counsel.
2. Before the Board was Consideration of Approval of the Written Findings
and Decision on the Revised Arnett Ranch Measure 37 Subdivision
Application.
Laurie Craghead explained that the Board had approved this originally. It was
appealed to LUBA and the County withdrew the motion for reconsideration and
the applicant was able to modify the application according to the wishes of
LUBA. This is the written decision after the final hearing.
She said that on page 5, paragraph e, the last sentence of the second paragraph,
the question marks need to be removed.
LUKE: Move question marks be removed as noted.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 1 of 7 Pages
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
LUKE: Move signature of the revised findings and decision.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
3. Before the Board was a Hearing (continued fi°om July 23) and Consideration
of Signature of Order No. 2007-117, a Measure 37 Claim (Claimant:
Kraft).
George Heilig of Cable Huston, attorney for the applicant, joined the meeting
via conference call.
Tom Anderson gave an overview of the item. The property, located off Allen
Road, is approximately 37 acres, currently zoned EFU Tumalo-Redmond-Bend
subzone with a conventional housing overlay. They want to subdivide for
residential purposes into seven 5-acre parcels. The damage claimed is
approximately $1,134,447. Ownership was acquired via deed on October 23,
1970, by Rose Allen Kraft and Walter Kraft. In 2002 the property transferred
into the Kraft family revocable living trust. This does not break the ownership
string. In 1994 the property was sold under contract to the Allens but the Krafts
retained title. The Allens could not fulfill the terms of the agreement, so in
2001 the property was transferred via estoppel deed back to the Krafts. By
virtue of the fact that the Krafts did retain title, the ownership stream is not
broken; the Order sets the acquisition date of October 23, 1970 for purposes of
future land use actions. In October 1970 the property was zoned intensive
agriculture under PL-2 in the rural subdivision ordinance. It appears that a
subdivision would have been permitted at that time.
A number of letters of opposition have been received and some of the
opponents are eligible to testify.
Chair Daly opened the hearing at this time.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 2 of 7 Pages
Mr. Heilig recommended adoption of the staff report and Order. He said the
application by Ms. Kraft is more in keeping with the eligibility of Measure 37,
as she has no plans of doing anything with the property at this time. She does
not waive any health and safety issues. The road to the property may not
accommodate development, but she wanted to put this into place.
No other testimony for the claimant was offered.
Testimony in opposition was then given.
Elizabeth Lotochinski, who lives on Couch Market Road, said her family
completed a new house that overlooks the acreage in question. She sent a letter
to the Commissioners and to Ms. Kraft expressing her concern about the
potential development of the property.
Allan Clack, who lives on Allen Road, said he obtained legal counsel to get an
opinion on the issue. For a period of almost seven years the Kraft family was
not the beneficial owner, even though they had a revocable trust. He sees this
as another way to get taxpayer money, and doesn't feel that Ms. Kraft has any
real desire to develop the property. He lives in a community with massive
growth, and he and his neighbors invested in a lifestyle and bought property to
raise families in a rural setting. A subdivision in his front yard and the traffic
associated with that was not in the plan. He understands the Commissioners are
bound by County and State regulations, but they will fight in any fashion they
can to protect our properties and lifestyle.
Commissioner Luke said that since Mr. Clack is in the notification area, he
would be notified of any land use action. There will be plenty of opportunity to
testify in that event. The Commissioners would only be approving a waiver
based on the acquisition date.
Commissioner Daly asked Mr. Clack what the size of his acreage is. Mr. Clack
said it is five acres. The house was built in 1990 and he has owned the property
since 2000. He is not sure how the five acres came about.
Chair Daly asked for rebuttal; Mr. Heilig said that he is only concerned about
the Measure 37 claim at this time, not on the possible land use part.
Commissioner Luke noted that the Board does not have a lot of leeway on
Measure 37 claims, and this one clearly falls within the law.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 3 of 7 Pages
LUKE: Move approval of Order No. 2007-117.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Orders No. 2007-135,
136, 137, 138 and 139, Measure 37 Claims (Claimant: Central Electric
Cooperative).
Mark Pilliod gave a brief overview of the Orders. Staff reports in each case are
the same as the ones prepared in July. The Orders are the same with one
exception. They have been reviewed by the interested parties, so comments
were included if they were consistent with the Board's direction.
Commissioner Daly noted that Michael Peterkin's letter and Michael McGean's
rebuttal conflict. Mr. Pilliod said that he made some adjustments based on
comments from both parties. Language was added to indicate that if there is an
appeal of a previous Order and it affects any overlapping easement, the County
will abide by them. He didn't feel it was appropriate to remove easements that
were part of the application.
Regarding the acquisition of easements more recently, language was added that
indicates that the waiver applies only to properties obtained in 1971 or earlier;
others from later dates would have to comply with the zoning in place at the
time of acquisition.
The hearing was closed on July 23, 2007 so no public testimony was allowed at
this time.
Commissioner Baney asked if a property could have two easements on it. Mr.
Pilliod replied that when easements were obtained in 1970 or 1971, the
easements were described broadly; they did not have specific metes and bounds
or follow a survey line. Years later the easements followed a specific line but
might have covered the same corridor. There could be more than a single
easement covering the same line.
LUKE: Move approval of Order No. 2007-135.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 4 of 7 Pages
VOTE: LUKE:
BANEY
DALY:
Yes.
Yes.
Chair votes yes.
LUKE: Move approval of Order Nos. 2007-136, 137, 138 and 139.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
BANEY: Move approval of the Consent Agenda.
LUKE: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
CONSENT AGENDA
6. Chair Signature of Document No. 2007-534, Amendment #1 to the
Intergovernmental Agreement with the State Department of Corrections
regarding Parole and Probation Funding
7. Signature of Resolution No. 2007-132, Transferring Appropriations within the
Mental Health Fund
8. Approval of Economic Development Grant:
Fair & Expo Grant Program for Non-Profits - $8,000 from Commissioner
Daly; $2,000 from Commissioner Baney
9. Approval of Minutes:
• Business Meeting: September 26
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of
$12,836.13.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 5 of 7 Pages
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-H County Service District in the Amount of
$686.06.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $706,112.24.
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: LUKE: Yes.
BANEY: Yes.
DALY: Chair votes yes.
13. ADDITIONS TO THE AGENDA
None were offered.
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 6 of 7 Pages
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 10:50 a. m.
DATED this lst Day of October 2007 for the Deschutes County Board of
Commissioners.
ATTEST:
&Wx~(w-~
Recording Secretary
Tammy ney, Comm' ioner
Minutes of Board of Commissioners' Business Meeting Monday, October 1, 2007
Page 7 of 7 Pages
Dennis R. Luke, Vice Chair
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 - FOR THE WEEK
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, OCTOBER 1, 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 Approval of the Written Findings and Decision on the
Revised Arnett Ranch Measure 37 Subdivision Application - Paul Blikstad,
Community Development Department
3. A HEARING (continued from July 23) and Consideration of Signature of
Order No. 2007-117, a Measure 37 Claim (Claimant: Kraft) - Mark Pilliod,
Legal Counsel; Tom Anderson, Community Development Department
4. A HEARING (continued from July 23) and Consideration of Signature of
Orders No. 2007-135, 136, 137, 138 and 139, Measure 37 Claims (Claimant:
Central Electric Cooperative) - Mark Pilliod; Tom Anderson
CONSENT AGENDA
6. Chair Signature of Document No. 2007-534, Amendment # 1 to the
Intergovernmental Agreement with the State Department of Corrections
regarding Parole and Probation Funding
7. Signature of Resolution No. 2007-132, Transferring Appropriations within the
Mental Health Fund
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 1 of 7 Pages
8. Approval of Economic Development Grant:
• Fair & Expo Grant Program for Non-Profits - $8,000 from Commissioner
Daly; $2,000 from Commissioner Barley
9. Approval of Minutes:
• Business Meeting: September 26
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
11. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
12. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
13. 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.
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 2 of 7 Pages
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, October 1, 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)
5:30 p.m. Regular Dinner Meeting with the Judges, at Ernesto's
Tuesday, October 2, 2007
1:30 p.m. Sheriff's Department Update, at Sheriffs Office
Wednesday, October 3, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 4, 2007
8:00 a.m. Regular meeting with the City of Sisters Council, Sisters City Hall
9:30 a.m. Regular meeting with Judge Fadeley, Sisters
Wednesday, October 10, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session for the week - could include executive session(s)
Mondav. October 15. 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, October 16, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
11:30 a.m. Leadership Sisters Panel, Sisters City Hall
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 3 of 7 Pages
Wednesday, October 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 18, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, October 22, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 24, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 25, 2007
4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting
Monday, October 29, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 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)
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 4 of 7 Pages
Wednesday, November 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, November 8, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
Friday, November 9, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, November 12, 2007
Most County offices will be closed to observe Veterans' Day.
Tuesday, November 13 through Friday, November 16, 2007
Association of Oregon Counties' Conference
Monday, November 19, 2007
12:00 noon Regular Meeting with Department Heads, at Solid Waste Department
1:00 P.M. Ribbon Cutting Ceremony, at Solid Waste Department - New Facility
1:30 p.m. Administrative Work Session for the week - could include executive session(s) - at
Solid Waste
Tuesday, November 20, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Thursday, November 22, 2007
Most County offices will be closed to observe Thanksgiving.
Friday, November 23, 2007
Most County offices will be closed (unpaid day off).
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 5 of 7 Pages
Monday, November 26, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, November 28, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, November 27, 2007
12:00 noon Regular Meeting of the Audit Committee
Monday, December 3, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 5, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 6, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday, December 12, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session for the week - could include executive session(s)
Thursday, December 13, 2007
1:00 P.M. Health Department Update
2:00 p.m. Mental Health Department Update
Board of Commissioners' Business Meeting Agenda Monday, October 1, 2007
Page 6 of 7 Pages
Monday, December 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, December 18, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, December 19, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, December 25, 2007
Most County offices will be closed to observe Christmas Day.
Tuesday, January 1, 2008
Most County offices will be closed to observe New Years' Day.
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, October 1, 2007
Page 7 of 7 Pages
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to County st f pers n.
Name:
Mailing Address:
Phone ?
E-mail Address:
Date: 9--/-D
Subject:
^~~~,~,~~`e
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to a County staff person.
Name: C:1%ZAb-&H1 Z61004'
, s k,
Mailing Address: /F(5' C&,,Lh
- /'lot-tke-f ZW, &*,W 6E -7776/
Phone #:-370,? - OIL
E-mail Address:
Date:
Subject: t!~~4 r,73 7
Page 1 of 1
Bonnie Baker
From: Mark Pilliod
Sent: Friday, September 28, 2007 2:21 PM
To: Bonnie Baker
Cc: Tom Anderson
Subject: FW: Order #2007-135
This is for the record, along with a letter we received from Michael Peterkin dated yesterday.
Mark Pilliod
Deschutes County Legal Counsel
541-388-6625
This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete
immediately without reading or forwarding to others.
From: Michael McGean [mailto:michael@francishansen.com]
Sent: Friday, September 28, 2007 2:06 PM
To: Mark Pilliod
Cc: Martin E. Hansen; Brian Hickman; mwp@peterkinpc.com
Subject: Order #2007-135
Mark,
Here is my additional comment on Mr. Peterkin's proposed revisions to the proposed order.
Mr. Peterkin asks that the 1962 Cyrus easements should be eliminated from this order and exhibit B because they
were the subjects of the 2006-173 order. This was not agreed at the previous hearing as he says. The Order and
Exhibit B should reflect that these easements were in fact the subjects of CEC's claim, and are subject to the terms
of the Board's order. Although the 1962 Cyrus easements were included in CEC's Cline Falls to Jordan Road claim
and the 2006 Order, they are also the subjects of this claim, which reflects a different stretch of transmission line,
from Jordan Road to Sisters. The Board's analysis of CEC's claim depends on whether there is a land use
regulation that "restricts the use of private real property or any interest therein." ORS 197.352. CEC's use of the
1962 easements is different in this case than it was in the previous claim because it is a different stretch of line. The
separate Jordan Road to Sisters use in this claim should be considered independently from the Cline Falls to Jordan
Road use that was at issue in 2006-173, even though the instruments are the same.
Michael McGean
FRANCIS HANSEN & MARTIN LLP
1148 NW Hill Street
Bend, OR 97701
(541) 389-5010
(541) 382-7068 (fax)
mike@francishansen.com
9/28/2007
CABLE HUSTON
CABLE HUSTON BENEDICT HAAGENSEN & LLOYD LLP - ATTORNEYS
September 28, 2007
SENT VIA FACSIMILE
AND REGULAR MAIL
Mark Pilliod
Deschutes County Counsel
1300 NW Wall St., Ste. 200
Bend OR 97701
RE: Kraft Family Trust - Measure 37 ID #M3706170
Order #2007-117
Dear Mr. Pilliod:
The purpose of this correspondence is to confirm that the applicant would testify in the
above entitled matter that the Staff Report is adopted as her own presentation and supports the
recommendation set forth in the above referenced order. If the Board of County Commissioners
have any questions during their hearing on this matter set for 10:00 a.m. on October 1, 2007, I
will be available in my office by phone to respond to their inquiries. My number is (541) 754-
7477.
On behalf of Ms. Kraft, we appreciate the County's courtesies in this matter in accepting
the appearance by mail rather than in person.
GBH:skm
PC: Rose Kraft
582 Northwest Van Buren Avenue, Corvallis, Oregon 97330 ® Phone: 541.754.7477 v Fax: 541.754.0051 m www.cablehuston.com