2008-141-Minutes for Meeting February 13,2008 Recorded 3/17/2008DESCHUTES COUNTY OFFICIAL RECORDS yJ 2008~~4~
NANCY BLANKENSHIP, COUNTY CLERK 1n! i~v Y
COMMISSIONERS' JOURNAL 03/1712008 08:11:42 AM
II ill[ II1IIIIIIIIIIIIIII II III
2 141
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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
WEDNESDAY, FEBRUARY 13, 2008
Redmond High School Auditorium
Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy
Melton. Also present were Dave Kanner, County Administrator; Erik Kropp,
Deputy County Administrator; Larry Blanton, Sue Brewster, Jon Sholes and
Michele Goodin, Sheriff's Office; Tom Anderson, Paul Blikstad and Anthony
Raguine, Community Development; Timm Schimke, Solid Waste Department; Tom
Blust, Road Department; Becky McDonald, 9-1-1; Mark Pilliod and Laurie
Craghead, Legal Counsel; Teresa Rozic, Property Management; Ronda Connor,
Personnel; Dan Peddycord, Health Department; Connie Thomas, Administration;
and Joe Studer, Forester.
Also in attendance were Ron Roberts, Redmond Police Chief; Andy Jordan,
retiring Bend Police Chief; Ken Moore of Rural Fire Protection District No. 2;
media representative Hillary Borrud of The Bulletin; and approximately 75
students, faculty and other citizens.
Commissioner Luke had County personnel and others introduce themselves and
then opened the discussion for questions and answers from the audience.
A student asked about mass transit in Redmond and whether the County is
involved. Commissioner Luke replied that within the City, transportation is the
responsibility of the City, but the Central Oregon Intergovernmental Council, the
County and other groups are looking at ways to tie the systems together and
partner in the overall transit issue.
Student Alex Fitch asked about the Commissioners' position on home rule, and
why.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 1 of 12 Pages
Commissioner Melton replied that there are nine counties with home rule;
Deschutes County is a general law county. A charter is a menu and the county can
choose how to operate. She said she used to think that there were merits to home
rule, but it also has negative aspects. She has discovered that part-time
Commissioners will not work for the County; it is growing too fast and is too large
for that. The Commissioners need to know what is happening in departments, have
common goals and address needs in an organized fashion. Although the positions
are partisan, most of the work the Commissioners do is non-partisan in nature.
Commissioner Daly agreed. He added that since Deschutes County is growing and
changing so quickly, he can't imagine doing his work on a part-time basis. Most
other counties have the same issues. The Commissioners also need to be available
to the public.
Commissioner Luke also agreed that it would be hard to handle the business of the
County otherwise. There is a County Administrator to handle the normal day to
day business.
A student asked Commissioner Daly about the upcoming election, and why he
should vote for Commissioner Daly. Commissioner Daly gave a brief overview of
his history in the area and his life experiences.
The student asked if anyone is running against him. At this time Commissioner
Luke pointed out that this is not the proper place or time to answer questions
regarding running for office.
A student asked whether the Commissioners would support a bond issue for
Redmond schools in order to provide a second high school.
Commissioner Melton replied that the County has no jurisdiction but feels
education is a top priority. Redmond has needed a second high school for a long
time, and students can receive a better education if class size is reduced. She
suggested that the students make their voice heard to let people know what
overcrowding means to them.
Commissioner Daly agreed that the school has been overcrowded for years and
supports the idea of an additional school. Commissioner Luke added that it is a
difficult situation, and schools can never seem to keep up with the need.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 2 of 12 Pages
A student asked about land use laws and whether the Commissioners are
concerned about a resort going in at Smith Rock. Commissioner Luke asked if this
was specifically about a Measure 37 claim; if so, those are now being decided in
court. The destination resort proposed for Smith Rock in 1993 was vetoed by the
Governor. The Ranch of the Canyons resulted and probably nothing else will
occur. A destination resort requires at least 160 acres that are already mapped for
that purpose.
Commissioner Daly pointed out that the Ranch of the Canyons is now a gated,
private community, but a destination resort would have been open to the public.
A question was asked about Bend becoming a legislative district of its own.
Commissioner Luke said that representation is computed by population, and this
would be decided by the Secretary of State. Redistricting is political.
A student asked with the rising crime rate, how can the Sheriff be supported
without raising taxes. Sheriff Blanton said that for nearly thirty years the
department had to go out every few years and ask for funds to keep operating. The
voters passed the levies last year to provide stable funding and allow for planning
for the future. It costs about $30 million a year to run the department. With as fast
as the County has grown, public safety is important.
A student asked what the most important issue is facing Deschutes County right
now. Commissioner Melton added that when the economy is down, needs are
greater and money is hard to come by. The big ticket item coming up is the jail
expansion.
Commissioner Daly said that the south County groundwater issue has been on their
minds for several years. The DEQ has indicated that there is a potential public
health problem and it will take a lot of money to fix it.
Commissioner Luke stated that a big challenge is maintaining a quality of life for
those who are already here and those who want to come here.
A question was asked about what programs may be cut back. Commissioner
Melton replied that fees come in to help departments run, such as Community
Development and the Clerk. Community Development may not be able to fill
vacant positions. Some counties are doing major layoffs, but Deschutes County
has been very careful and funds programs that have been shown to work.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 3 of 12 Pages
Commissioner Daly agreed. In the early 1980's, building was at a standstill and
departments cut back to three or four days a week. Commissioner Luke pointed
out that cities and counties provide some of the same services, such as roads, but
the County provides social services. Crime goes up when more people are
unemployed, putting a greater demand on social services and law enforcement.
The County may end up using up some of its reserves, and it is up to the
Commissioners to decide how to use these funds.
A citizen asked about the cost of a sewer system. Commissioner Melton said that
South County has some options to examine, such as various sewer systems, septic
systems or sewer districts. There are a lot of variables. Grant funds are available
and the intent is to place as small a burden as possible on the citizens.
Commissioner Daly added that there will still be some cost to the citizens as the
available grant funds can't cover it all.
At 10:05 a.m. Chair Luke called the formal Board meeting to order.
1. Before the Board was Citizen Input.
None other was offered.
2. Before the Board was Consideration of Signature of Order No. 2008-010,
Regarding the Sale of Certain County-owned Real Property.
Teresa Rozic explained that there are 18 parcels for sale in the upcoming
auction, and all but three are those that were obtained due to non-payment of
taxes. Many of the parcels are located in South County, and all are bare land.
This is the third auction in the past two years; previously there had not been an
auction for about six years.
DALY: Move approval.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 4 of 12 Pages
3. Before the Board was Consideration of Signature of Resolution No. 2008-
017, Declaring Findings in Support of Sole Source Procurement for Phase
IV of the 800 MHz Sheriffs Radio Communications System.
Sheriff Blanton stated that this is a sole source procurement for an addition to
existing equipment and Motorola is the only provider available for this
equipment.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of Order No. 2008-015,
Rejecting All Proposals and Authorizing Reissuance of a Request for
Proposals for Household Hazardous Waste Services.
Timm Schimke provided an overview of the item. He said that an error had
been made in the cost configuration, possibly changing the accuracy of the
previous award. He recommended that all proposals be rejected and the process
be done again, as allowed by Oregon Revised Statute. The solicitation
documents will be changed accordingly. This will benefit the County, and he
wants to maintain good relations with both companies.
DALY: Move approval.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2008-
085, a Grant Agreement for Recycling and Waste Prevention Education
and Promotion Services with Resource.
Mr. Schimke gave a brief presentation of the recycling programs and education
efforts. He said that Resource (previously Bend Recycling Team) has handled
these in the past and are highly regarded by the State.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 5 of 12 Pages
They wish to combine two programs into one. Competitive bidding has been
tried in the past without success; at the end of this grant period it will be
attempted again.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Chair Signature of a Notice of
Intent to Award Contracts for Fuels Treatment through Qualified Pool
Retainer Agreements.
Joe Stutter provided a brief overview of the item. There were 24 bidders for
twelve areas of the County, and fifteen different service items. Six grants are
involved at a total of about $1.5 million in funding.
Dave Kanner said that he is concerned regarding the retainer agreements and
which contractor gets the service agreement; he suggested the notice of intent
be approved subject to Administrator review.
Mr. Stutter explained that the fifteen service items have a proposed cost per
acre on each. He came up with an average cost of treating fuels in Central
Oregon. If the bidders were within that range, they made it to the qualifying
pool. The cost would have been higher if it had been done differently. He is
also competing for additional grant funds as they need to keep coming to keep
the program running.
MELTON: Move Chair signature, subject to Administrator review.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
7. Before the Board was Consideration of Board Signature of Documents No.
2008-065 through 084, Retainer Agreements for Fuels Treatment.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 6 of 12 Pages
Mark Pilliod said that the retainer agreements are effective until the appeal
period is over.
LUKE: Move approval, subject to no appeal being received.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
8. Before the Board was Consideration of Signature of Document No. 2008-
063, a Development agreement between Deschutes County, the City of
Bend and Arrowood Tetherow, LLC, Acknowledging Completion of
Transportation Mitigation related to the Tetherow Destination Resort.
Anthony Raguine explained that this is the final agreement with the City of
Bend, and that no public hearing is necessary at this time.
DALY: Move approval.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
9. Before the Board was Consideration of Approval of an Employee Benefits
Advisory Committee Recommendation to Implement a Separate Health
Benefit Plan to Offer to Part-time Benefited Employees.
Ronda Connor said that there is one plan now with two premium structures for
full-time and part-time. Sometimes the plan is cost prohibitive for part-time
employees.
Mr. Kanner added that income and expenditures will be tracked, but he suspects
the cost will be about even. Many of the part-time employees are younger and
have fewer claims. The benefit is in essence a major medical plan.
MELTON: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 7 of 12 Pages
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
MELTON: Move approval of the Consent Agenda, less item # 16, the economy
development grant requests.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
10. Signature of Order No. 2008-009, Reappointing David A. Pardo as Justice of
the Peace Pro-Tem
11. Signature of Order No. 2008-018, Transferring Appropriations in the Sheriff's
Office Fund
12. Signature of Resolution No. 2008-019, Transferring Appropriations in the
Acute Care (Mental Health) Fund
13. Signature of Resolution No. 200-020, Appropriating a New Grant in the
Mental Health Department
14. Signature of Letters Reappointing John McLeod and Chris Bellucsi to the
Central Oregon Intergovernmental Council Board of Directors, through
December 31, 2009
15. Approval of Minutes:
• Business Meetings: January 28 and 30, 2008
• Work Sessions: August 15 and October 15, 2007; January 28 and 30, 2008
16. Economic Development Grant Requests
• Central Oregon Youth Investment Foundation - Challenge Obstacle Course
• Bend Area Habitat for Humanity - Alford Village, Initial Engineering
• Family Access Network Foundation - Breakfast Fundraiser
These grants will be addressed at a future meeting.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 8 of 12 Pages
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. Before the Board was Consideration of Signature of Resolution No. 2008-
012, Submitting to the Voters a Five-Year Local Option Tax Levy to Fund
9-1-1 Emergency Services.
Becky McDonald said that this will place the levy on the May ballot.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
18. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of $6,761.24.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
19. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$236.00.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 9 of 12 Pages
CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY
RURAL LAW ENFORCEMENT DISTRICT #1
20. Before the Board was Consideration of Signature of a Letter Appointing
Michael A. Maier to the Rural Law Enforcement District #1 Budget
Committee, through December 31, 2010.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY
RURAL LAW ENFORCEMENT DISTRICT #2
21. Before the Board was Consideration of Signature of a Letter Appointing
Michael A. Maier to the Rural Law Enforcement District #2 Budget
Committee, through December 31, 2010.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
22. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $408,489.20.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 10 of 12 Pages
23. ADDITION TO THE AGENDA
Before the Board was Consideration of Whether to Review the Hearings
Officer's Decision on File No. RC-07-3 (Reconsideration of File No. MC-
07-5; Applicant: Aceti; Pursuant to Deschutes County Code 22.28.050).
Laurie Craghead reminded the Board that this is not a land use decision and no
public testimony can be taken. The Board can call this up on an appeal if they
so desire, rather than having Mr. Aceti go through the normal process.
Commissioner Daly said that he has had quite a bit of ex parte contact on this
issue. Mr. Aceti came into Commissioner Daly's office and explained that
there were some issues that were not clear. Commissioner Daly then talked
with Community Development staff about the situation.
One issue is the storage of hay containers within 100 feet of the road right of
way; it is unclear if this is to Highway 97 or to other roads as well. Also, why
is this allowed only on the west side of Tumalo Road. In addition, up to 80
containers would be visible from the highway and he has been asked to fence it.
A six foot fence would not look good, and the grade is higher than the property
so the fence would not obscure the containers anyway.
Commissioner Daly stated that Mr. Aceti has spent a great deal of money on
this issue already and is asking for a break.
Commissioner Luke said that he received a letter from Mr. Aceti's attorney,
asking Commissioners Luke to step aside. Commissioner Luke also submitted
his response into the record. The applicant has a right to appeal the Hearings
Officer's decision, but instead wants the Board to call it up. He said that the
Commissioners are being asked to spend County money on something that is
not of countywide concern. The application was approved, but Mr. Aceti does
not like some of the conditions; however, there are avenues for that. It should
not be handled differently than any other land use application.
Commissioner Melton added that it isn't about the merits of the decision, but
the process. The Board has had issues with mitigation of pieces of some
Hearings Officer decisions, and clarified them through the appeal process. This
isn't unheard of. She said she believes in the process and can't support going
outside the process to hear an appeal. There have been other applications with
concerns, and both sides need to be heard. This should not be side-stepped
through a different route. How would the Board tell someone else why they
can't do the same thing? This needs to follow the process.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 11 of 12 Pages
Commissioner Daly stated that the Commissioners calling it up is also a part of
the process and can be used. He feels that there are obvious problems with the
decision that are costly to this citizen. The decision is unclear and flawed, and
he would like to save Mr. Aceti a filing fee.
Commissioner Melton said that it is not that cut and dried for the long haul. A
conditional use permit is not black and white, and won't be replicated
throughout the County. There are questions about the Deschutes Junction area
and the comprehensive plan. There had been a mitigation situation which was
appealed. The Board needs to stick to the normal appeal process, otherwise it
could have countywide ramifications.
DALY: Move that the Board call up this appeal.
The motion died for lack of a second.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10: 56 a. m..
DATED this 13th Day of February 2008 for the Deschutes County Board
of Commissioners.
ATTEST:
&Iuv- L 64Q4 Recording Secretary
Dennis R. Luke, C5-air
Minutes of Board of Commissioners' Business Meeting Wednesday, February 13, 2008
Page 12 of 12 Pages
C tI I,--
Tammy (Baney) Melton, Vice Chair
~-r E S C
Department of Administrative Services
Q Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www, co. deschutes, or. us
January 7, 2008
TO: Members of the EBAC
FROM: Dave Kanner, county administrator
RE: Part-time insurance benefits
As I have mulled over the recent discussions regarding health benefits for part-time
employees, I've come to the conclusion that there's no perfect answer and that the path
forward is probably to simply adopt a plan, offer it for a year and then evaluate our actual
experience. Given the size of our reserve and the limited nature of the benefit, I believe
our exposure is fairly minimal if we move forward with what is essentially an
experiment. What's more, according to Ronda, HCC does not require that we fund the
recommended premium at 100%.
To that end, I would propose the following:
1. We offer an alternative health plan to less-than-full-time employees that includes
health, Rx and alternative care benefits with a $2,500 deductible and the same dental and
vision benefits offered to full-time employees.
2. The cost to the departments would be $600 per month per participating employee (or
whatever 50% of the cost of a full-time employee is next year). The cost to the employee
would be $35 per month, or whatever figure we go with next year for all employees.
3. Part-time employees would have to declare which plan they want to participate in prior
to the start of the plan year and would not be permitted to switch during the course of the
plan year. (Question: What happens if a p/t employee leaves county employment during
the course of the plan year and is replaced by a new employee who wants to be on the
other plan?)
4. Each employee would be covered by the stop-loss plan.
According to Ronda, we can track revenues and expenditures attributable to participating
p/t employees and, at the end of the plan year, determine whether this is something we
can continue to offer.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
February 13, 2008
Toni Aceti's request for the Commissioners to call up his land use decision
I received a letter on February 12, 2008 from Roxanne Farra, attorney for Mr. Aceti, in
which she asked me to not participate in hearing this matter. She suggests that I have a
conflict of interest regarding Mr. Aceti and or his development plans. She goes on to say
in her letter that "Parties appearing before a governing body in a land use matter `are
entitled to...a tribunal which is impartial in the matter- i.e. having had no pre-hearing or
ex parte contacts concerning the question at issue' "
As part of her claim, she points out that I am the one who made the code enforcement
complaint against Mr. Aceti. In the Spring of 2007,1 was returning from a meeting in
Redmond and drove past Mr. Aceti's property. I noticed that he had added trailers and
storage units to his property along Highway 97. When I was back in my office I called
Tom Anderson, Director of our Community Development Department, and told him what
I had observed. Mr. Anderson did some investigation and called me back and told me his
belief that one of both of the items I had seen may be a code violation in an EFU zone.
Since the County has a general policy of not initiating possible code violation unless
there is a complaint, Mr. Anderson asked me if I wanted to be the one who filed the
complaint. I told him in the interest of getting a determination, I would accept that
responsibility.
Mr. Anderson told me that there were actually two Aceti cases. CDD opened the
complaint and Mr. Aceti actually took down the signs and got rid of the containers at that
time. The case was closed. In August, the containers showed back up, so CDD opened a
new case, which is still pending.
Mr. Aceti eventually filed a land use application that was approved by the hearing's
officer and that decision is what is before us today.
Attorney Farra also attached an affidavit signed by Dennis Tooley stating that I said "The
only way those changes will happen is over my dead body". Anyone who knows me
would realize that is not my manner of speaking. I do not recall having spoken to Mr.
Tooley about Mr. Aceti's property. For the record, I believe that Mr. Tooley's statements
are completely false and I never said those things to him. We are not close and I very
seldom discuss County business with Mr. Tooley.
As regards to the ex parte contact, I notice that Attorney Farra does not speak of her
clients ex parte contact with Commissioner Daly or Commissioner Daly's subsequent e-
mail to Community Development regarding this issue. Commissioner Daly stated in the
Monday, February 11, 2008, Board meeting that he had met with Mr. Aceti and that he,
Commissioner Daly, did not care about ex parte contact.
Conflicts of interest ususally relates to a financial interest under ORS 244.010 definitions
of actual or potential conflicts of interest. I have nothing to gain or lose financially from
any decision in regards to Mr. Aceti.
I have been directly involved in land use issues for six years as a Legislator and nine
years as a County Commissioner. The chief principle that has guided me through those
years has been, if you don't like the law, work to change it. Otherwise my job is to make
decisions consistent with the law. If we are wrong, a higher authority will tell us and we
will then make our decision consistent with their ruling.
I can and will make a decision in this case based on the law and will not let personal bias
influence my decision. Therefore I will not step aside on the decision to call or not call up
this land use decision.
Dennis R. Luke
Deschutes County Commissioner
~mi ROXANNE L. FARRA, P.C.
L ATfORNEYAT LAW
ATTORNEY
ROXANNE L. FARRA
February 12, 2008
.i et
via EMAIL, FACSIMILE and HAND DELIVERY
PARALEGAL
SARA J. HALL
U
D C E El Fn
110
F E B 1 2 2008 1[,
BOARD OF COMMISSIONERS
ADMINISTRATION
Mark E. Pilliod Tammy (Baney) Melton
(Hand Delivery Record No. 0400) (Hand Delivery Record No. 0403)
Deschutes County Legal Counsel Deschutes County Commissioner
1300 N.W. Wall St., Ste. 200 1300 N.W. Wall St., Ste. 200
Bend, OR 97701 Bend, OR 97701
Dennis Luke
(Hand Delivery Record No. 0402)
Deschutes County Commissioner
1300 N.W. Wall St., Ste. 200
Bend, OR 97701
Re: Tony Aceti
Dear Sirs and Madam:
Mike Daly
(Hand Delivery Record No. 0404)
Deschutes County Commissioner
1300 N.W. Wall St., Ste. 200
Bend, OR 97701
I represent Tony Aceti ("Aceti") with respect to the conflict of interest that exists with regard
to the participation by Commissioner Dennis Luke in any land use or other proceedings involving
Aceti. In particular, this letter objects to the participation in any manner by Commissioner Luke in
File Nos. MC-07-5 and RC 07-3 involving Aceti's property located at Deschutes Junction. I request
that a copy of this letter and attached materials be made part of the public record and file in any such
proceeding.
Parties appearing before a governing body in a land use matter "are entitled to a tribunal
which is impartial in the matter - i.e., having had no pre-hearing or ex parte contacts concerning the
question at issue." Fasano V. Washington Co. Comm., 264 Or. 574, 588, 507 P.2d 23, 30 (1973).
The Oregon court of appeals has held: "As we read Fasano its basic requirement is an impartial
tribunal; ex parte contacts were just mentioned as one way in which impartiality could be
compromised," another being a "claim or evidence of bias." Tierney v. Duris, 21 Or. App. 613, 629,
17 N.W. IRVING AVENUE BEND, OREGON 97701
rEL. (541) 385-3017 FAX (541) 330-1556 E-MAIL RFARRA@BENDBROADBAND.COM
Mark E. Pilliod
Board of County Commissioners
February 12, 2008
Page 2
536 P.2d 435, 443 (1975) (Emphasis added.); Neuberger v. City of Portland, 288 Or. 585, 590, 607
P.2d 722, 725 (1980) ("The issue is not whether there were any ex parte contacts, but whether the
evidence shows that the tribunal or its members were biased.")
The email attached to this letter as Exhibit 1 shows that, in May of last year, Commissioner
Luke was the complainant in a code enforcement case against Aceti. The Affidavit of Dennis
Tooley, attached to this letter as Exhibit 2, is further proof of Commissioner Luke's bias and
partiality when it comes to Aceti. Commissioner Luke cannot be impartial with respect to Aceti and,
as such, he should be prohibited from participating in any manner with respect to any issue
pertaining to Aceti, particularly any land use issues.
All public officials in Oregon must adhere to a statutory code of ethics. ORS 244.010(1);
ORS 244.020(15). In addition to abiding by the code of ethics, all public officials must declare
potential or actual conflicts of interest. ORS 244.120; ORS 244.130; 1987 Or. AG LEXIS 95, *27.
In the event that Commissioner Luke refuses to recuse himself from all matters involving Aceti, we
expect that at the beginning of any meeting regarding Aceti, Commissioner Luke will clearly and
publicly declare his obvious conflict of interest, and that this letter and attached materials will be
made a part of the public record.
Thank you for your time and attention to this matter.
Sincerely,
*RL. Farra
RLF:rI
Enclosures
cc: Client (via regular mail w/encls.)
Laurie Craghead (via facsimile and email w/encls.)
FEB 122008
~I Ul
BOARD OF COMMISSIONERS
ADMINISTRATION
Tim Grundeman
From: Tom Anderson
Sere Friday, June 01, 2007 3:38 PM
To, run Crundeman
Subject: FW:Trailers & Containers @ Deschutes Junction
Tim, go ahead and open a case on the container business. List Dennis as the CP. Tom
-----original Message-----
From: Dennis Luke
Sent: Thursday, May 31, 2007 10:21 AM
To: Tom Anderson
Subject: RE:- Trailers & Containers @ Deschutes Junction
Yes, open the case. Dennis Luke
-------original Message-----
From': Tom Anderson
Sent Monday, May 21, 2007 4-06 PM
To: Dennis Luke
Cc: Tin Grundeman; Dave Kanner
Subject: Trailers & Containers @ Deschutes Junction
Dennis, we investigated the containers and trailers being sold at Deschutes Junction. It
turns out that both operations are on Tony Aceti"a property. Tony has an approved CUP for
a commercial operation in conjunction with his hay sales. The sale of trailers (which are
designed to carry hay bales), is authorized under his CUP. The sale of containers however,
would constitute a violation of his CUP and the EFU zone;
Would you like ens to open a code enforcement case on the containers? As you know we are
complaint driven, so barring a health & safety situation, GDD staff does not open cases on
our own. However, we.haue in the past (and don't mind a bit) opened cases at the request
of a Commissioner.
Let roe know your direction.
Thanks, Tom
F E B 122008 D
BOARD OF COMMISSIONERS
ADMINISTRATION
1
EXHIBIT 1 TO 02-12-08 LETTER,
Page 1 of 1
AFFIDAVIT
I, DENNIS TOOLEY, having been duly sworn do depose and say as follows:
1. Approximately a year-and-one half ago, I was discussing certain land use changes
with Tony Aced regarding his property located at Deschutes Junction.
2. I mentioned to Aceti that I would be seeing Commissioner Luke at an upcoming
Deschutes Republican Central meeting, and would mention the issues to him, since
Commissioner Luke and I bump into each other all the time, and were pretty cordial
with one another.
3. I did speak with Commissioner Luke at the meeting, indicating to him that Aceti
could use some directionwithregard to the land use issues involving Aceti's property.
4. I do not remember Commissioner Luke's exact words, but I am being pretty close in
saying that Commissioner Luke's response to me was, "The only way those changes
will happen is over my dead body."
5. The message I got from Commissioner Luke, based on my personal observations of
his words and mannerisms, was that as long as Commissioner Luke was a Deschutes
County Commissioner, Aced was not going to get anything.
6. I replied with something like "Oh, okay," and ended the conversation.
7. Based upon my conversation with Commissioner Luke, I absolutely do not believe
that the Commissioner would be fair person to sit on the Board to hear any matter
regarding Aceti.
AFFIDAVIT OF DENNIS TOOLEY - Page 1
D E c
i F E 1 7 2008
BOARD OF COMMISSIONERS
ADMINISTRATION
EXHIBIT 2 OF 02-12-08 LETTER,
Page 1 of 2
SUBSCRIBED AND SWORN to before me this ~ of December, 2007.
Dennis Tooley
SUBSCRIBED AND SWORN to before me this LL day of December, 2007.
OFFICIAL SEAL
H HAWORTH lvl~a
} NOTARY PUBLIC- OREGON N ary Public of Oregon
COMMISSION NO. 418386 NYCOMMISSION EXPIREB JUN 14 2011 My commission expires: J&e Sa
~
E C E
F E B 1 2 2008
AFFIDAVIT OF DENNIS TOOLEY - Page 2
BOARD OF COMMISSIONERS
- ADMINISTRATION
EXHIBIT 2 OF 02-12-08 LETTER,
Page 2 of 2
FEB,!13/2008/WED 01:04 PM ROXANNE L FARRA, PC FAX No.541 330 1556
r
ATTORNEY
ROXANNE L FARRA
February 13, 2008
via FACSIMILE and
CERTIMD MAIL - RETURN EC'EIPT REQUESTED
7004 2890 0001 7214 9655
Mark E. Pilliod
Deschutes County Legal Counsel
1300 N.W. Wall St., Ste. 200
Bend, OR 97701
Re: Tones
Dear Mark:
ROXANNE L. FARBA, P. C.
ATTORNEY AT LAW
P. 002
This letter serves as a public records request directed to the County of Deschutes.
Please produce the following:
Petite LP"L
SARA J. HALL
All sign-in sheets, rosters, lists of attendees, audiotapes, CD-Roms, videotapes, and
minutes for the 02-13-08 meeting of the Board of County Commissioners.
Thank you for your professional courtesies and prompt attention to this matter.
Sincerely,
Ix . Fans
RLF:rl
cc: Client (via hand delivey)
17 N.W,1RvING AvENux BEND, OREGON 97701
TEL. (541) 385.3017 PAx (541) 330-1556 E-MAIL RFARRA615ENDBROAD6AND.COM
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, FEBRUARY 13, 2008
NOTE: MEETING AT REDMOND HIGH SCHOOL
The Commissioners and representatives of various County departments will be
meeting with Redmond High School students at 9:00 a.m. for a question &
answer session, followed by the regular Board business meeting at 10.00 a.m.
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 cards 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 Order No. 2008-010, Regarding the Sale
of Certain County-owned Real Property - Teresa Rozic, Property and Facilities
3. CONSIDERATION of Signature of Resolution No. 2008-017, Declaring
Findings in Support of Sole Source Procurement for Phase IV of the 800 MHz
Sheriff's Radio Communications System - Sheriff Blanton, Sue Brewster, Jon
Sholes, Sheri
,ff's Office
4. CONSIDERATION of Signature of Order No. 2008-015, Rejecting All
Proposals and Authorizing Reissuance of a Request for Proposals for
Household Hazardous Waste Services - Timm Schimke, Solid Waste
Department
5. CONSIDERATION of Signature of Document No. 2008-085, a Grant
Agreement for Recycling and Waste Prevention Education and Promotion
Services with ReStore - Timm Schimke, Solid Waste Department
Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008
Page 1 of 8 Pages
6. CONSIDERATION of Chair Signature of a Notice of Intent to Award
Contracts for Fuels Treatment through Qualified Pool Retainer Agreements -
Joe Studer, Forester
7. CONSIDERATION of Board Signature of Documents No. 2008-065 through
084, Retainer Agreements for Fuels Treatment - Joe Studer, Forester
8. CONSIDERATION of Signature of Document No. 2008-063, a
Development agreement between Deschutes County, the City of Bend and
Arrowood Tetherow, LLC, Acknowledging Completion of Transportation
Mitigation related to the Tetherow Destination Resort - Anthony Raguine,
Community Development
9. CONSIDERATION of Approval of an Employee Benefits Advisory
Committee Recommendation to Implement a Separate Health Benefit Plan to
Offer to Part-time Benefited Employees - Ronda Connor, Personnel
CONSENT AGENDA
10. Signature of Order No. 2008-009, Reappointing David A. Pardo as Justice of
the Peace Pro-Tem
11. Signature of Order No. 2008-018, Transferring Appropriations in the Sheriff's
Office Fund
12. Signature of Resolution No. 2008-019, Transferring Appropriations in the
Acute Care (Mental Health) Fund
13. Signature of Resolution No. 200-020, Appropriating a New Grant in the
Mental Health Department
14. Signature of Letters Reappointing John McLeod and Chris Bellucsi to the
Central Oregon Intergovernmental Council Board of Directors, through
December 31, 2009
15. Approval of Minutes:
• Business Meetings: January 28 and 30, 2008
• Work Sessions: August 15 and October 15, 2007; January 28 and 30, 2008
Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008
Page 2 of 8 Pages
16. Economic Development Grant Requests
• Central Oregon Youth Investment Foundation - Challenge Obstacle Course
• Bend Area Habitat for Humanity - Alford Village, Initial Engineering
• Family Access Network Foundation - Breakfast Fundraiser
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
17. CONSIDERATION of Signature of Resolution No. 2008-012, Submitting to
the Voters a Five-Year Local Option Tax Levy to Fund 9-1-1 Emergency
Services -Becky McDonald, 9-1-1
18. 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
19. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
RURAL LAW ENFORCEMENT DISTRICT #1
20. CONSIDERATION of Signature of a Letter Appointing Michael A. Maier
to the Rural Law Enforcement District #I Budget Committee, through
December 31, 2010
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
RURAL LAW ENFORCEMENT DISTRICT #2
21. CONSIDERATION of Signature of a Letter Appointing Michael A. Maier
to the Rural Law Enforcement District #2 Budget Committee, through
December 31, 2010
Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008
Page 3 of 8 Pages
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
22. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
23. 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)
Wednesday, February 13, 2008
9:00 a.m. Meeting with Students at Redmond High School
10:00 a.m. Board of Commissioners' Meeting, at Redmond High School
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 14, 2008
11:30 a.m. EDCO (Economic Development for Central Oregon) Luncheon, Riverhouse
Convention Center, Bend
3:00 p.m. Regular Meeting of the Fair Board, Fair & Expo Center, Redmond
Monday, February 18, 2008
Most County offices will be closed to observe Presidents' Day
Tuesday, February 19, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
12:00 noon Regular Meeting of Board and Department Directors
Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008
Page 4 of 8 Pages
Wednesday, February 20, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, February 21, 2008
1:30 p.m. Leadership Redmond
5:30 p.m. COBA (Central Oregon Builders Association) Annual Dinner, at Bend Senior Center
Monday, February 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 3, 2008
10:00 a.m. Board of Commissioners' 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 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday,
March 6, 2008
9:00 a.m.
Regular Department Update -
Mental Health
10:00 a.m.
Regular Department Update -
District Attorney
11:00 a.m.
Regular Department Update -
Community Development
1:30 p.m.
Regular Department Update -
Road Department
2:30 p.m.
Regular Department Update -
Clerk
Board of Commissioners' Business Meeting Agenda Wednesday, February 13, 2008
Page 5 of 8 Pages
Wednesday, March 12, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 13, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
21:00 p.m. Regular Department Update - Health Department
Monday, March 17, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 18, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 19, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
6:00 p.m. (Tentative) Public Hearing regarding South County Groundwater Issues, La Pine
High School
Thursday, March 20, 2008
10:00 a.m. Regular Department Update - Community Justice
11:00 a.m. Regular Department Update - Assessor
Monday, March 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 26, 2008
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 Wednesday, February 13, 2008
Page 6 of 8 Pages
Thursday, March 27, 2008
9:00 a.m. Regular Department Update - Fair & Expo
11:00 a.m. Regular Department Update - Commission on Children & Families
Monday, April 7, 2008
10:00 a.m. Board of Commissioners' 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, April 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 10, 2008
12:00 noon Audit Committee Meeting
Tuesday, April 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, April 16, 2008
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
Wednesday, April 23, 2008
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 Wednesday, February 13, 2008
Page 7 of 8 Pages
Monday, April 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, May 5, 2008
10:00 a.m. Board of Commissioners' 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, May 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday 8, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
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, February 13, 2008
Page 8 of 8 Pages