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2011-20-Minutes for Meeting January 05,2011 Recorded 1/18/2011DESCHUTES COUNTY OFFICIAL RECORDS CJ 2011-ZO NANCY BLANKENSHIP, COUNTY CLERK conmzzIarvs raaw RIIIIIIIIIIIIIIIIIVlII 01II8I2011 08'.22'.48 Rl 2011-20 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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, JANUARY 5, 2011 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Alan Unger and Tony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Timm Schimke, Solid Waste Department; David Givans, Internal Auditor; and fifteen other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Citizen William Kuhn stated that he has two specific questions or requests. He and his wife do not feel safe where they live due to people in the area. During the past fourteen years, they have been asking for a joint homeowners' agreement that is required to be in place. Building permits cannot be obtained due to this. The other party is in contempt of court because they won't sign the agreement. Mr. Kuhn said he cannot improve or sell his property because of this, and feels this is not right. He said that tomorrow morning at 9:00 a.m. a judicial tribunal will be held, and he asked that the Board instruct County Counsel to not represent the County then. He feels that Ms. Craghead has done things in her court presentations that are not ethical, stating things that are not true. She has said before the Board and before LUBA that the Kuhn house is a greater intrusion into the wildlife protection area than the other dwelling, but this is not true. She stated that he and his wife did not address the wildlife habitat requirements when a lot line adjustment was requested, but this is not true. They did address the wildlife issue. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 1 of 7 Pages Mr. Kuhn then asked for an investigation and an inquiry going back to 1980, when this conditional use originated. He has done everything he can in a legal process to correct the injustices done to them, but the other party always gets their way. He and his wife do not feel safe. He does not want County legal counsel to be at any further proceedings involving him and his wife. Commissioner Baney said they will look into it, probably in executive session this afternoon. Mr. Kuhn asked if he could be present, but was advised that only representatives of the media can attend. Yaju Dharmarajah, the new AFSCME representative, said he was not in attendance to talk about union issues. He pointed out that the members are also employees and citizens, and they would like to know if they can address the Board as citizens, if they had an issue pertaining to their working environment that affects them as employees and also as citizens. Commissioner Baney stated that they could not do this on paid time, and if it has to do with a performance evaluation or something similar, this would not be the forum. They would need to state they are there as a citizen or a taxpayer. Commissioner Unger added that everyone has a right to come and have a few minutes to talk. Commissioner DeBone said that he has no problem getting input from citizens. Mr. Dharmarajah asked if an employee or he wanted to get on a Board agenda, how could that be accommodated. Chair Baney said she'd have to have more information on the subject matter. Perhaps a work session would be good to talk on a more informal basis, if appropriate. Dave Kanner said that direct dealing with union representatives has to be handled carefully. The Board handles Step IV grievances so has to remain at arm's length. He and Erik Kropp are willing to meet at any time. If there is a specific issue, that should be handled through him or at the bargaining table. Any citizen can talk to the Board through citizen input at a meeting. However, employees can't come to meetings to talk about supervisory or contract issues. Commissioner Baney stated that this is not the forum for workplace issues, but certainly an issue affecting people as citizens can be brought up. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 2 of 7 Pages Mr. Dharmarajah said he knows that this is not the forum for grievance matters or contract issues. But he is unclear of how the Board implements suggestions made by Mr. Kanner if they affect employees and therefore them and their families as citizens. This might impact their families and others. Chair Baney stated that they can e-mail or submit testimony on their own time about any policy. It may not change the outcome, but they have a right to do so like any other citizen. Mr. Kanner stated that all the bargaining units get copies of policies, and the unions are free to review them and provide input. 2. Before the Board was Consideration of First Reading of Ordinance No. 2011-004, Amending Code regarding the Internal Auditor and Audit Committee. David Givans stated this is mostly a housekeeping item, as reviewed and recommended by the Audit Committee. The Commissioners were supportive. UNGER: Move first reading of Ordinance No. 2011-004, by title only. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading by title only. 3. Before the Board was Consideration of Signature of Document No. 2011- 001, a Grant Agreement for Recycling and Waste Reduction Education & Promotion Services through The Environmental Center of Bend. Timm Schimke provided a brief overview of the item. He said the State recognizes that Deschutes County is the responsible party for waste management in this area. The cost of programs is handled entirely through fees. Part of this is implementation of State law requires recycling. The law requires communities of certain size to implement five program elements out of nine. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 3 of 7 Pages These range from recycling containers, picking up recycling at the curb, education and promotion, institutional recycling and composting and a variety of programs. A recent article in the Bulletin accurately stated that there are no penalties associated with not reaching diversion goals. However, five program elements are required to be utilized. Noncompliance could cost the County up to a $10,000 penalty per day. He provided some additional numbers on recycling education and promotion. He said that a strong campaign like this is an important part of recycling programs. The diversion rate went from 15% in 1992 to 45% in 2009. This extends the life of the landfill by about 6 years. It is unclear what will happen when Knott Landfill has to close. Transportation costs will be a big part of that. This computes conservatively to about a $7 million savings in transportation costs during those six years. He feels the investment in education is money well spent. He explained how the program works and its impact on the community. A solicitation went out for providers and only two bids were submitted. The local choice was much better than the one from another state. Commissioner Baney asked if there is a mandate on how much needs to be spent on the programs. Mr. Schimke said during the budget process a decision is made on what is felt to be a suitable amount, and they then go to other local entities to see how and if they are contributing. This cost is about 2.5% of the Solid Waste budget. Mike Riley of the Environmental Center stated that the program as a whole includes in-school programs in three counties, with 7,500 student contacts. They help the schools with recycling programs as well. They are trying to increase recovery at big events as well. They do a lot of work with businesses in the area. A big part of what they do is letting people know what they can recycle and where. They are working on some of the larger sources of the waste stream, construction. There may be ways to recover that waste that makes sense here. They work well with the garbage collectors, the Bend Downtowners, the Central Oregon Builders' Association, and others. They seek grants from a variety of sources to help with these programs, which are often a match to County dollars. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 4 of 7 Pages Extending the life of the landfill is a main goal. There has to be a way established to deal with the cost of operating the landfill and what to do when a new one might be needed. The cheapest opportunity for the community is to keep the existing landfill operating as long as possible. Mr. Schimke said that the agreement covers about two years at a time. It has been modified over the years. The nonprofit Environmental Center has been the only viable entity to do this, although solicitations have been made. The others that expressed interest are primarily public relations firms that cannot provide an equal level of service. Commissioner Unger said that the Environmental Center is unique. He would like to see more focus on this issue during the budget process to make sure that the funds being spent are justified. Keeping the landfill open as long as possible is beneficial, and society needs to know how to recycle and reuse and not be as wasteful. Commissioner DeBone asked if Commissioner Unger is asking that this agreement be shortened. Commissioner Unger said they should support what is already in the budget. Commissioner Baney said an open procurement process was followed. Mr. Schimke said the agreement needs to be renewed as of January 1, 2011. Commissioner Baney said it could be reviewed during this year's budget process, since some tough decisions need to be made. Mr. Kanner said they have been working under an expired contract, which either needs to be extended or a new one signed. The money is already budgeted, but a contract is needed to proceed. The Board indicated that the contract should be authorized for six months. Mr. Kanner said it might be simpler to just extend the existing contract. Mr. Riley stated that he would prefer the proposed agreement be adopted, with a limitation to the timeframe, so as to include the programs as developed thus far. DEBONE: Move extension of the contract through June 30, 2011. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 5 of 7 Pages 4. Before the Board was Consideration of Signature of Document No. 2011- 004, a Lease Agreement with the Bethlehem Inn. Commissioner Baney asked that this item be removed from the agenda. She wants to make sure the best process is being followed, and would like more discussion on this issue at a work session. Commissioner DeBone asked that if an agenda item is going to be removed from the agenda, that it be done at the beginning of the meeting so that citizens don't have to sit through the meeting up to that point just to learn that the item of interest won't be addressed.. Before the Board was Consideration of Approval of the Consent Agenda. Consent Agenda Items. 5. Signature of Document No. 2011-008, an Amendment to the State Agreement regarding Behavioral Health Services 6. Signature of a Letter Accepting the Resignation of Cheryl Howard from the Deschutes County Weed Advisory Board, and Thanking her for her Service 7. Approval of Minutes: • Work Session of January 3 • Business Meeting of December 27 There were no vouchers to approve this week. 8. ADDITIONS TO THE AGENDA Mr. Kanner stated that the meeting room is booked on the third Wednesday of the month for most of the first part of the year. It was decided that it is not necessary to have a regular Board meeting on those dates unless there is an urgent reason to do so. Being no further items brought before the Board, the meeting adjourned at 11:00 a.m. Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 6 of 7 Pages DATED this 7i Day of 2011 for the Deschutes County Board of Commission s. Tammy Baney, Chai Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, January 5, 2011 Page 7 of 7 Pages J^(ES C, BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: 11 Date: ZO 1/ ° 1 ° ! Name L* 0-,,•,,, KW4~ Address To 6~~ 4 Phone #s E-mail address F-1 In Favor F-1 Neutral/Undecided F1 Opposed Submitting written documents as part of testimony? F]Yes F~ No If so, please give a copy to the Recording Secretary for the record. \ TES h w" a BOARD OF COMMISSIONERS' MEETING a < REQUEST TO SPEAK Agenda Item of Interest:e&vt - v • 641&em G(a.fi~iCa4aDate: atcc ' a ~l, Name Gt. v Address ((0 0 N1/j f co ka. , Sd, fe 201 6e.-v4, oa liter Phone #s ~1 23 0~ E-mail address avc uTsG m4_- WVt In Favor 1-1 Neutral/ Undecided F~ Opposed Submitting written documents-as part of testimony? [-I Yes F] No If so, please give a copy to the Recording Secretary for the record. tuG~J~E~ co`Z-~ a c BOARD OF COMMISSIONERS' MEETING Agenda Item of Interest: REQUEST TO SPEAK .V~ W E_l" Name MAI, ( a f W, /to t- Y"k I Date: Address 112494~1 7aa-z,' Phone #s F E-mail address t/ C~_ F] In Favor F-] Neutral/Undecided Opposed Submitting written documents-as part of testimony? F~ Yes ~To If so, please give a copy to the Recording Secretary for the record. o Z{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Poe C a-1*5 re- ~--a Date: s Name A-~ M Address 2 3 5 t,) G2 Phone #s G" 4' - 3 9 v - 4- ~ E-mail address d- v-.L a, r~ Q_ &P. Q ~ (o , ca, In Favor Q Neutral/Undecided Opposed Submitting written documents. as part of testimony? F-] Yes F_\_1 No If so, please give a copy to the Recording Secretary for the record. v-cES c - G o { BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: / - ®U Date: / f Name Address ,~~le Phone #s E-mail address In Favor Neutral/Undecided © Opposed Submitting written documents as part of testimony? F] Yes ©No If so, please give a copy to the Recording Secretary for the record. Recycling Education and Promotion. It is widely recognized that a strong education and promotion effort is a key element in a successful recycling program. We dedicate about 2.5% of our annual budget to this effort. Between the years 1992 and 2009, we estimate we have spent about $1,800,000 on recycling education and promotion. Tons Diverted Diversion Rate 1992 12,858 15% 2009 75,365 45% Total tons diverted over the 18 year span = 723,981. This is the equivalent of 6.3 years of landfill life at our current disposal rate. It is unclear at this time how disposal costs may change after Knott Landfill closes. It is clear however, that we will be adding the cost of transporting our waste to the next landfill or disposal site at that time. A conservative estimate of those costs would be $10 per ton. At that rate, we have saved over $7,000,000 in transportation costs by extending the life of Knott Landfill 6.3 years. While the education and promotion efforts are not the sole reason for these results, they are an integral part of the program. In addition to the regulatory requirements, these results show that the efforts return significant benefits. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, JANUARY 5, 2011 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 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 First Reading of Ordinance No. 2011-004, Amending Code regarding the Internal Auditor and Audit Committee - David Givans, Internal Auditor Suggested Motion: Move first reading by title only. 3. CONSIDERATION of Signature of Document No. 2011-001, a Grant Agreement for Recycling and Waste Reduction Education & Promotion Services through The Environmental Center of Bend - Timm Schimke, Solid Waste Department Suggested Motion: Move approval and signature of Document No. 2011-001. 4. CONSIDERATION of Signature of Document No. 2011-004, a Lease Agreement with the Bethlehem Inn - Erik Kropp, Administration Suggested Motion: Move approval and signature of Document No. 2011-004. Board of Commissioners' Business Meeting Agenda Wednesday, January 5, 2011 Page 1 of 5 Pages CONSENT AGENDA 5. Signature of Document No. 2011-008, an Amendment to the State Agreement regarding Behavioral Health Services 6. Signature of a Letter Accepting the Resignation of Cheryl Howard from the Deschutes County Weed Advisory Board, and Thanking her for her Service 7. Approval of Minutes: • Work Session of January 3 • Business Meeting of December 27 CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 8. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-11 COUNTY SERVICE DISTRICT 9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 11. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Wednesday, January 5, 2011 Page 2 of 5 Pages 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. PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. 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) Friday, December 31 Most County offices will be closed to observe New Years Day Monday, Januar3 8:00 a.m. Swearing in of Newly Elected/Re-elected Officials 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Wednesday, January 5 10:00 a.m. Board of Commissioners' Meeting (tentative) 1:30 p.m. Administrative Work Session - could include executive session(s) (tentative) Thursday, January 6 8:00 a.m. Joint Meeting with Sisters City Council - Sisters City Hall 1:30 p.m. Budget Committee Overview and Update Wednesday, JanuM 1212 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 13 7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers Board of Commissioners' Business Meeting Agenda Wednesday, January 5, 2011 Page 3 of 5 Pages Monday, January 17 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 19 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, January 26 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 31 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, Febru4r2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Wednesday, February 9 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, January 5, 2011 Page 4 of 5 Pages Wednesday, February 16 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 17 Most County offices will be closed to observe Presidents' Day Wednesday, FebruM 23 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 28 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, March 2 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, March 7 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Wednesday, March 9 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 10 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, January 5, 2011 Page 5 of 5 Pages 03 0 N ~n C1 kn N 00 O M 00 O~ U b O U v a~ N N 0 CL L m rn -a #a -2 w2r IIV- 1111. 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The sign mentioned that a "custom house" was for sale. We called the realty company to find out what property or house the sign referred to and why it was posted on our property. We were informed that the sign referred to Frank Cibeili's house and property which is located to the west of our property, and that Frank Cibelli had placed the sign where it was supposedly because he didn't want people roaming across his property to look at the house without an appointment. The sign was located right at our building site, probably causing confusion, trespassing and possible hazard as we plan to be building a custom home there shortly. We requested that the realty company move the sign away from our flagged building site, and that we would not object to having it posted elsewhere along our property in the interest of good neighborliness, even though we were not consulted prior to the posting. This morning we received a phone call from Frank Cibelli saying in effect that he would move the sign, but he would make our lives "fucking miserable" until he moves. He then hung up without giving an opportunity to respond, Because he has been verbally abusive and hostile in our few past meetings, we are taking this as a serious threat against our persons and property. Sincerely, William John Kuhn DA880325.WS4 Martha Leigh Kuhn DESCHUTES COUNTY SHERIFF'S OFFICE OFFENSE REPORT Case: 01-60005 Page: 1 of 1 11:44:33 23 APR 2001 Report Type; CRIM Criminal Status: Inactive/Suspended Shift: D Grid: S2 Agency: SO Submitted: 01/01/01 Approved: All: Y Face: Y Detail: Y Related Case(s): 00-16116 ; 00-16471 ; 00-17146 Distribution: H DCSO Desc: NAILS DUMPED IN DRIVEWAY Reported Date/Time: 01/01/2001 10:24 Occurred Date/Time: 12/30/2000 12:00 to 01/03/2001 10:00 Offense codes: * OFFENSIVE LITTERING (164.805) Location of Offense: 65575 SISEMORE RD Names, Person types, and Information: MORGAN,WAYNE A (234631) OFFICER / DEPUTY / TROOPER / POLICEMAN (OFCR) KUHN,WILLIAM JOHN (60736) COMPLAINANT (COMP) Address: , BEND OR 97701 CIBELLI,FRANCIS XAVIOR (5179) MENTIONED PERSON (MENT) AKA: CIBELLI,FRANK X Address: , BEND OR Report entered by: WAM 13:33 01/01/01 600 UCR: Clearance: Premise: 64 PARKING LOT/DRIVEWAY LTTR DUII : N MVA : N Cites : N r DESCHUTES COUNTY SHERIFF'S OFFICE DETAIL PAGE Page: 1 Reported Date/Time: Occurred Date/Time: Reporting Officer: NARRATIVE: 11:44:34 23 Apr 2001 [I DCSO 01/01/2001 10:24 12/30/2000 12:00 to 01/01/2001 MORGAN,WAYNE A BPST# 08724 Case: 01-60005 10:00 On 01-01-01 at approximately 1027 hours I was dispatched to the Kuhn residence regarding some nails dumped in their gravel driveway. When I arrived William Kuhn showed me what appeared to be at least forty to fifty sheetrock nails that had been dumped on the entrance to his driveway, near Sisemore Road. Kuhn told me this had occurred sometime since saturday, 12-30-00. Kuhn told me he suspects Frank Cibelli dumped the nails but has no evidence to support that- Kuhn requested a report be filed. Case suspended due to lack of investigative leads. End of report. To; Frank Cibelli Pueblo Builders 18281 Couch Market Rd. Bend, OR 97701 From. Jeff Dowell } 65595 Sisemore Rd Bend, OR 97701 10705 NE 38'h Ave Vancouver WA, 98686 Frank, Please let this letter serve as a formal agreement between us for you (and/or your designees) to act as property manager for my property on Sisemore Rd. As discussed, your responsibilities include, but are not limited to: The screening and securing of potential renters Handling any landscaping or construction issues that arrise Performing troubleshooting and repair work as necessary Being 'on-call' to the renter to handle any emergency or security issues Compensation for these services will be handled on an hourly fee basis, with immediate payments from me based on submission of your monthly invoices for services rendered. Agreed to this I" day of January, 2001: Jeff D li Property Owner Frank Cibelli Pueblo Builders L`. Page 1 of 1 Brothers & Ash From: "Frank Cibelli" To. "Seana Ash" <brosash@hwy97.net> Sent: Saturday, December 02, 2000 4:58 PM I had time to go over that report with Jeff. The most outstanding and concerning thing is that Bill Kuhn's hand written log was very accurate and that conversation took place inside Jeffs home and was a quite and personal conversation. We for the life of us can not figure out how anyone could have overheard that conversation. A little disturbing to say the least. Second, I wanted you to know what did not come out in the report is that Leah Kuhn was not only beating me up but pleading with me to hit her during the whole ordeal. Just thought you should know Thanks Frank 1214104 2/4/92 (1st of two cover letters/versions sent) Frank Cibelli 1972 N.E. 3rd St. Bend OR 97701 Dear Frank, I had a long talk with Brian Harrington at the planning commission shortly after we spoke yesterday. He is the same contact that is currently processing/approving Thommy's application. We spoke at great length about how similar my application was going to be to Thommy's and he pointed out a couple of things that he wanted to see different on mine, and I've made note of them below. I've also attached little yellow post-it notes to key areas of some of the documentation that I've enclosed. For your reference, I'll make mention of them in my dialog and call them out by number. To take things from the beginning, on 12/31/91, I had my parents go down and pick up from Brian Harrington what he described as 'everything I needed' to submit my application. What I got was #l, #2, #3 & #4. In talking with Brian yesterday on the phone, he confirmed that the important elements of the application had been highlighted in yellow. I also made some notes on comments he made to me over the. phone next to a few of the highlighted areas. I have enclosed a separate document, "Supporting Documentation, which addresses all of these to what I hope will be Brian's and the Planning Boards satisfaction. You might want to run this document by him early on in the process, just in case there are any major changes that need to be made to it. As a matter of fact, you might want to take a look at it yourself and make sure I didn't put anything in there that would raise a flag or is better left unsaid. If you or Brian have suggested changes, just give me a call. I've got it all on the computer here so it's a snap to edit it as much as necessary. I have also enclosed the copies of Bartons Site Map and responses to the "regulations," as well as an overall topographical map to the area. I assume you are already familiar with them as it's my understanding that you worked with he and JB very closely on his recent submission. These documents are labeled #5 & #6 respectively. Page 1 For your reference, and for submittal with the application, I draw your attention to the "Acreage Overview" and Appendix III & IV of the "Supporting Documentation." These give you a good idea of the location, type and shape of the house I have in mind. Please give me a call after you get this information and have a chance to go over it. I need to know that I gave you everything that you/we need to get this application submitted, approved and on-file. Can you give me an idea as to how long you think it will take to the work you need to do, and of equal importance, when you'll have a chance to start working on it. My concern is obviously that it gets in ahead of the fast approaching zone change which started all this frenzied activity a little more than a month ago. Thanks again for your assistance. I owe you one and will obviously pick up an out of pocket expenses you incur as well as pay you whatever you feel is fair for your time and efforts on my behalf. Respectfully, Jeff T Dowell 422 Lakeshore Drive Hilton NY 14468 Day: 800 888 7860 EST Eve: 716 392 7271 EST Page 2 Q. 2/7/92 (2nd of two cover letters/versions sent. This was approved by the planning board on 219192. Done deal as I understand it. We're supposed to be getting written confirmation shortly and have one year to get building started) Frank Cibelli 1972 N.E. 3rd St. Bend OR 97701 Dear Frank, I've made some additions to the parts of the application as we talked about this weekend. If there needs to be furthre elaboration, let me know and I'll add some more. I'll be in Chicago the next 3 days so if you need to get a hold of me, leave word here at the office and I'll call you from there. Thanks, Respectfully, Jeff T Dowell 422 Lakeshore Drive Hilton NY 14468 Day: 800 888 7860 EST Eve: 716 392 7271 EST Page 3 k r Supporting Documentation Forest Use 18.44.010 Purpose Understanding the purpose of F-3 Zoning, following paragraphs address the burden of proof required, as well as carefully outline the intent and level of awareness and sensitivity of the people who already live in the properties immediately adjacent to mine. Perhaps the single most important point to bring to light in substantiating my case for allowing a house to put on this land is the fact that a precedent has already been set which deemed the properties immediately adjacent to this one', not suitable for forest use, and thus, not posing any threat or negative impact to the Purpose stated in 18.44.010. There is no irrigation or running water of any type in the area, thus no opportunity for crop or forest management and the soil content is predominantly sand and pumice dust, with a consistency barely sufficient to support patches of sage brush and a small number of juniper trees. The only way to get water is amounts sufficent for use is to drill a well, an even then, the amount available would support a single household. it would be nothing which could support forest or agriculture harvesting. To further support the above statement, it should be noted that within the last 18 months, a new residence has been erected on the tax lot 200 {see enclosed map labeled "Acreage Overview"} immediately adjacent to my lot, a conditional use permit application very similar to this one has been granted for a house to be constructed on tax lot 500, and there has been a residence on tax lot 400 for the last 10+ years. Additionally, the following were conditions incorporated into a legally binding contract that I approved when I signed the purchase contract on this property: 1. owners or family members may not operate dirt bikes on the property. 2. All telephone and electric lines must be underground. 3. All fencing must be wood. Top rail may not be higher than 4211, bottom rail may not be lower that 18" . No barbed wire or straight wire may be used for fencing. 4. owner or family members may not take target practice with rifle or handgun on the property. 5.This contract carries with it the strongest encouragement to demonstrate sensitivity to living within the boundaries of the Tumalo Winter Deer Range, and urges the Page 4 ♦ ,A owners to adjust their lifestyle accordingly. I can assure you that every precaution will be taken with respect to the actual building of the house and the required modifications to the area immediately surrounding the house. Forest Use 18.44.040 Limitations on Conditional Uses As was detailed in 18.44.010, Purpose, above, this land has already been designated as not suitable for forest use, and as such, the conditions stated in 18.44.040, are all met as follows: A. This use is consistent with existing farm and forest uses as set forth in the stated articles. B. Establishment of this residence would in no way interfere with farm or forest use on adjacent lands because as noted above, none of the adjacent lands are suitable for such purposes, or are being used for such purposes. C. This proposed use in no way alters the stability of the overall land use pattern of the area, and further, is very consistent with the immediately surrounding properties, as detailed in 18.44.010 above. D. This property is not suitable for timber production since the soil is very rocky and sandy and is covered by sparse scrub juniper, not to mention tha fact that water is not present in sufficent amounts to support forest or agriculture management of any type. The precedent now in effect is that this area is generally known as being unsuitable for timber production and the production of farm crops and livestock, particularly when one considers the terrain, and adverse soil land and water conditions. The top soil is too thin are void of the necessary nutrients for good alfalfa or grass production or harvesting. Forest Use 18.44.050 Residential & Recreational Uses Limitations on Non-Forest A. This use is consistent with these distance and proximity considerations and regulations. B. This stipulation does not apply, as there are no such surrounding uses or areas. C. This proposed use will in no way negatively impact the current public services, existing road systems or traffic demands and/or fire protection support mechanisms. All of these mechanisms are now in place for the existing residences in the area and will not be affected by the addition of one more house. Relating specifically to fire protection, a pond on tax lot 400 was recently used for helicopter water- refilling during the "delicious road" fire will always be accessible for public use Page 5 in fire emergency. D. Nothing in my proposed use of the land will in any way tax or affect the capacity of the soil type, or in any significant way alter it from it's current state. My proposers building site, and for that matter, the majority of my lot, is rock base, with minimal soil of any type. E. There is no forest production in the area. The nearest known forest production is at least 20 miles away. F. My proposed home site is on a very gradual down slope, in an existing clearing, almost completely obscured from view on Sisemore Rd. with the possible exception of one or two 3-4 ft scrub junipers, no trees will be cut to accommodate my homesite or driveway. G. This proposal is consistent with the Comprehensive Plan. H. A well will be dug similarly to those on tax lot 200 and 400 and it is assumed that it will produce the necessary quantity and quality of water to support my residence. The sanitary disposal systems and solid waste disposal will be handled by leech fields extending westward away from the proposed building site, all in accordance with established code. 1. The house site is situated so as to maximize the exposure to the southern sun during the winter. The existing house plans also call for a passive solar design, with the potential addition of active solar cells in the near future, particularly as the costs associated with such alternative energy sources continue to drop. J. Refer to "C" above K. The effects on natural resources, habitats and wildlife will be minimized. As mentioned earlier, the entire 'community' has been developed with the utmost emphasis on the existing natural habitat and the conditions outlined in the purchase contract for the property further assure that such will always be a top priority. This proposed house site will be very difficult to see from the road or the immediately surrounding area, as it sits at the base of a long gradual slope with trees and brush surrounding the clearing. The pond on lot 400 also serves tc draw in and support a wide variety of wild-life which might not otherwise be present in such density in this area. L. J. Refer to "C" above Forest Use 18.44.060 Dimensional Standards A. Please refer to the attached "Acreage overview" for the approximate location and size of the lot. The overall lot itself is 40 acres in size, but it divided into three distinct parcels. The first is a parcel of approximately 3.4 acres owned by Bill and Leigh Kuhn (Map and Tax Lot # 16 11 19 00 00200). The second is a parcel of the same approximate 3.4 acres, owned by me (Lot 100) . The remaining parcel, lot 300 is one which is shared in ownership by the two of us and is approximately Page 6 wY 33.2 acres in size. This joint property is to be 'forever wild' and cannot, by contractual agreement, be built upon or altered in any way. Such was done to ensure a sufficient buffer zone to maintain the natural state of the habitats of the surrounding area. Wildlife Area Combining Zone 18.88.064 Dimensional Stda. A. Please refer to Forest Use, 18.44.060, Dimensional Standards, "A" above. Respectfully submitted, Jeff T Dowell 422 Lakeshore Drive Hilton NY 14468 Day: 716 247 7860 Eve: 716 392 7271 Page 7 ! 'A rOUNT 400 , =L W~E S "A Co, See Map 16 11 3 90 ~ zzz., 0 ; The blob shows in front of the 400' maximum building line as measured rom Sisemore Road. The original parcels were 200' wide * 2 = 400' Use a ruler to measure 400' from f here TL#100 meets Sisemore Road. See Map 16 11 t 920129 LM-92-9 AcreageOverviewMap.gif The above sketch is made so for the purpose of assisting 150 74L ~ 1 . ~ .TJ t' .i4% J ~ 1 r - ~ I v ~ I O M C cn - cd 4.4 . Crj . r /'q O . cf) tv -.4 cc co . 4 C) cc , « Cd U C cd U w d ckgt.a - aj yf`rrr~~~••~ _ _ j ♦ r CA LZ i-r r-1 4-4 C/I • O ~ CO W ~ 4 v . U -4 W r) cc 0 CD cn o a if. t-t .A F'Iatruary 10, 1992 Jeff Dowell 442t' L dlk eshore Zri ve Hiatoa, New York 144EB D6zi ° !fir. D[3wel.1: Community Develcpmert 0eper tment 4dm0stratiarl 3ido. / ) N W. Hn-rwrvin / Bend.. Oregat 97701 (5Q51393-557-51 Ram t1i iq 0i,J1413n VLjiliy:ng Safety D:tiAsto=i ErvrvnmentGq) H,346 Rvisb i The property yon own adjaaant to Sisemore- Road, deecrLbed eta 16-11-- i `3 , tai: lot 100, weir, created by a Conditional Use (CU--8C-27)'._and Minor Partition (MP-79-232 fcr tWo non--forest duvet"r r:~~ Pitos on thO 43.1-acre total. pax~e1. These land use Approv.~is establlshec3 the two parse-15 for m3i i(Il..rg sit-#-t4, and conseque t,ly ~t new conditional use p9rml"t will not b* recqu ir:ed. Tho approvals did however, astablish a maximum setback from Sisemore Road of 400 feet, T am sending you a copy of the pf f .ia t parL.L' L!uli drawing which eotabliaed this reatr ictio,n. 1ffanX C110P,.1 A 11ftg SkIDMI.tterl R T.tjinrlmt_ape Mi1nngemant Plan Applioation on your behalf Which change* the location of tnea dwellir,g site to meet this 40e-foot restriction, The latent of this restriction warm for pre5ervatl;an and protection of wildlife. in tl)44 area. if you abould bave any questione, feel fro-_ to volit'-dut me at this office. Sinoerely, O SMPrEF COUNTY PISANMING DIVISION G~r:l~s ,r, 3~~ad, ._~Ia~r~ing nlr~t~to~ 7,61 Paul nl ikelt"Id ~ AseaCiUte Planner 4 0 , /9 " ~a ~ A o~ c a 0 e 0 m P' >V O o n kA rn;f:l 0o"CT Vz O~ < z o A 'A b 0 0 d 70 ai ~a •.a .511-II 4 Y b o ~ 4 00 ~ 0 no b ~ Oy a Wa b w~, , q ~ o ~ktiq Yl X4 0 v ~ W qb W W Aa~ b , 1 ~o c4` U ~d W H bon a +mi •4• 'Am. 4 ~ ° ~1 ~ 1 V~ D U5~ v N~ Qua QA~~ , ~ ~ qmb ei0b O °e~a ti a; ti~"+ w a y ~ ti qw a ~ qWp d`0 0 ~{m q~~Ib l MA 0 1 n o o v C n O n~ ~n m m 3 m * o n c to C ( ~ -i -C n m m ~ D m ~ m n y T n i C) m l m ~ ~ m m m < ~ ! 1 I ~ l O `i ■ n n ~ m rrl z v' o v m o cn 7D 7 n rn r m m r. 0 rnn 11 rl cn 0 Z< r•, m b ~ ti C D "D q i V2 M N~ ~y c -i m ~I ~ A v U T m r z ' ti C) pa o 1 b ~ U O ~ 11 `1N b {j, 4 4 J 6 21 A titL ` 121, ,4 W 0 ~ Q *4-- cD 3 v r~ key ~ f u 4 V I v a r~ a 1 002 `e I i/ C i c I ( , t=1 CG!//J, 1-'~=C. _5:~~/~v/'' ~yr7r rs li I j+ ~I~~I ) , I _ I r i ; ~ .ter„ f ; ) I i 1 i I r i ' ! , 1 I 1 = q 1 o _ f } _ I, i . 4r, tgk A-4 ie( '0 0; /!l 0W7-iS/ ! 1 i I - cvFl V f T~ j I 90: T S Io~ I I I I i ~I i ~~77 I~ ,N j 1 I I I i l l - I po ' I + • ! ; .:.fir.::_1~..!..;,i-.-_:.~: ! .:,.-0.,~r__~ - ~.f. : I j I .i f I ' i 1 ' j I .I • I •I I. 1 I I o j W/I j I( I 1~6ri I 0~I A-07-9 j I I!; I I j) I I I i I Document # 16 B34821 was NEVER signed off on b Planning jj 1. d 71. I I AA I" i_....I- I COh.Sr:.~Y! D: ~u 1.41 pEp1, I w 11 2QQ I~p i - /y I' I I pIANNING i i DATE DA `C - I ~I I i ENV.HEAITHi 1 I - - 7•: H a C C March 10, 1992 Community Development Department Administration Bldg. Matt-~~S p COVN Vn / Bend, Oregon 97701 (503) 388-6575 Planning Division Building Safety Division Environmental Health Division Subject: Approval of Landscape Management Permit for Jeff Dowell; File ILM-92-9. Dear Property Owner: The Deschutes County Planning Division has approved a Landscape Management Permit which allows the applicant to construct a single family dwelling on property zoned F3/LM/WA. The subject property has not been assigned an address to date, however it is located approximately 1/2 mile south of the intersection of Kohfield Road and Sisemore Road, and is identified on Deschutes County Assessor's Map 116-11-19 as tax lot 100. The application was reviewed for compliance against criteria contained in Sections 18.44, 18.84, 18.88, and 18.124, the Deschutes County Zoning Ordinance, as well as .against the procedural requirements of Title 22 of the Deschutes- County Code. Staff found that the application satisfied all applicable criteria, and approval has been granted subject to the following conditions: 1. Approval is based upon the submitted plan. Any substantial change in the plan will require a new application. 2. The applicant shall obtain a building permit from the county Building official prior to commencing construction on the structures. 3. The applicant shall install a method. of sewage disposal that meets the approval of the County Environmental Health Division prior to construction. Property owner LM--92-9 March 10, 1992 Page 1 A-07-9 Document # 18 c LM-92-9 j Approval Letter Gry N } % Z I_ ' t r 4. If a building permit for the proposed structure has not been issued within one (1) year from the date this decision is mailed, this permit shall be void. This decision becomes final ten (10) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $290.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. A copy of the application, all documents and evidence relevant to this decision are available for inspection at no cost. Copies can be purchased for a reasonable cost. For further information, contact Brian Harrington at 388-6575. Sincerely, DESCHUTES COUNTY PT..ANNING DIVISION George J. Read, Planning Director Brian Harrington, A sistant Planner BJH:mic .NOTICE? To .:.MORTGAGEE, LIENHOLDER, VENDOR OR SHM": ORS CHAPTER 215 .-REQUIRES: -THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PRO74PTLY FORWARDED TO THE PURCHASER. Property owner LM-92-9 March 10, 1992 Page 2 1 William John Kuhn Martha Leigh Kuhn 0 i PO Box 5996 Bend, Oregon 97708-5996 Wednesday 15 January 1997 Dennis Perkins, Director Deschutes County Building Department Administration Bldg. Bend, Oregon 97701 Regarding B34821 at 65595 Sisemore Road. Dear Dennis, Phone: (541) 389-3676 w 541 388 6576 ~Ald 1997 RECEIVED p }~fESC01 M U In 1988 when we submitted our plans to the county we were asked to provide a copy of the Home-owners Maintenance Agreement on the common property (tax lot 300) owned-by us and our neighbors. The request was made by Mark Shipman, Assistant Planner under Craig J. Smith, Planning Director before the county would proceed with any permits. A copy of the county's request is attached. In 1990 the Dowell's purchased their building site and their half of the jointly owned land. Please note that the Dowell's purchase agreement does not cover the provisions required by the original CU-80-22 dated 3 April 1980 and signed by Myer Avedovech, Hearings Officer. When the Dowell's applied for their permits, did they provide you with a copy of the Home- owners Maintenance Agreement? If the county does have this agreement on file then we would like a copy of the agreement that was submitted. Presumably our names are on it and we should be able to have a copy of something we signed. (Why would the county require us to submit a copy and not require the Dowell's to submit a copy?) If you do not have.a copy of their Agreement are you the county using the agreement that was submitted by us in 1988. If you are then we would like to have a copy of that agreement and a letter from you that says you are using that document even though it does not have the Dowell's signature on it. If there is no agreement on record we ask that you not proceed with any current permits, and we ask that you not approve any further permits until you have received a copy of a Home-owners Maintenance Agreement signed by both the Dowell's and us. Sincerely, IdAw ~z 0", William John Kuhn WJK/k cAdocs\1cft=\djp 97a3.doc Page I of I Document # 11 Dennis Perkins re 4 No JOA Jan 1997 97 01 IS 07:41 `o a y. ~O y J N DESCHUTES COUNTY LEGAL COUNSEL DESCHUI ES COUNTY COURTHOUSC ANNEX BEND, OREGON 97701 RIGHARD L. ISHAM LEGAL COUNSEL I.Tovtjnrr , I (?R1 MEMORANDUM AREA CODE 3~3 TELEPHONE 388-8823 NOV 9 1981 PLANNING DEPT. TO: JOHN F. nN'D R.SEN Planning Director f FROM: RTICHARD L. ISHA'f Legal Counsel. SUBJECT: Setbacks in P . tted Subdivisions Where Setbac Rs are Shown, on the Final. Plat When setbacks within a subdivision are a matter considered du.r..i.nq the approval. process and constitute part of the approval by the reason of being shown on the final plat, those setbacks are hindi.ncg on all, parties with respect to subsequent development on. those lots. RLI : jlc 0 a z 0 A-07-9 - - - Document # 07 Setbacks Are Binding Memo 6 Nov 1981 RECEIVED AUG 1 7 2000 DESCHUTES COUNTY PLANNING DIVISION DELIVERED BY: 117 NW Lafayette Avenue, Bend OR 47701 1'✓r1lfGfrw ~(A,?hone: (541)388-6575 FAX: (54IP85-1764 http://newberry.deschute&org APPEAL APPLICATION FORM DATE SUBMITTED: 12 ,~tru'ST 2L)or-> FEE: 2i0, APPELLANT: WIW AM 4 ATHA WUNti PHONE: S) 324 3674 r MAILING ADDRESS: 0 '80X Sqqlo CITY-. ST: OR ZIP: 2708-S A wm-141 t0A UME LAND USE APPLICATION BEING APPEALED: KVVoD a }Ili ext e W& 1MAXr anim SOT PROPERTY DESCRIPTION: T R 1 I S r TAX LOT: 140 APPELLANTS SIGNATURE TE: Zooo 0 8 /7 IT IS THE RESPONSIBILITY OF THE APPLICANT (APPELLANT) TO COMPLETE A NOTICE OF APPEAL AS SET FORTH IN CHAPTER 22.32 OF THE COUNTY CODE, "APPEALS." EVERY NOTICE OF APPEAL SHALL INCLUDE- A statement describing the specific reasons for the appeal; 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower Hearings Body's; 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board stating the reasons the Board should provide de novo review as provided in Section 22.32.030 of Title 22. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. EXCEPT AS PROVIDED IN SECTION 22.32.040, APPELLANTS SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED FROM, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANTS SHALL SUBMIT TO THE PLANNING DIVISION THE TRANSCRIPT NO LATER THAN THE CLOSE OF THE DAY 5 DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, IN ON-THE-RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. ~Gt 7 n Sy,~JYtir Gri-dler-ly/~5 ca Crrtiv,o~ X09 fL, ~s appeo ~Gt rs ar t (~Pa.~tc a~' Paul Rllksl~d S--l-7-00 William John Kuhn _ Martha Leigh Kuhn PO Box 5996 Bend, Oregon 97708-5996 Phone: (541) 389-3676 Thursday 17 August 2000 Regarding 65595 Sisemore Road Code Violation Complaints and an Appeal We are sending you copies of the enclosed materials since this seems the appropriate avenue to pursue regarding a series of code violations and 19 process and procedural errors on the property that is the other parcel in our cluster development. We also provided a list to CDD Director George Read and Commissioner Luke of the process and procedural errors on the part of CDD regarding this cluster development that began in 1980. These errors have cost us tens of thousands of dollars, much discouragement, and have negatively impacted the value of our property. We also believe it impacts the community by demonstrating how little code violations and violations of the intent behind the codes means to CDD and the County. We are extremely frustrated at the hostility and unwillingness of the County and of George Read to be of any assistance. Based on evidence we have from previous communications with CDD we believe Director Read may have made an illegal land use decision in our meeting on Wednesday 9 August 2000. Mr. Read made a judgment decision, which requires prior public notice. Since our property is the property over which the distance was measured and our property is materially affected by this decision we should have been noticed prior to the decision he made. Since this is a land use decision it is also subject to appeal. We are calling this to your attention because you are the system. We are asking for a hearing of fact before an UNBIASED body. We have asked Dan Adams, mediator and member of the Planning Commission to put together a method of dealing with these and other development issues here within the Tumalo Winter Deer Range. Sincerely, William John Kuhn Martha Leigh Kuhn c:\docs\prop65575\dowell\coverletter_OOg3_400.doe Page 1 of I 11~ 00 08 18 14:33 ep WILLIAM .JOHN KUHN & MARTHA LET GH KUHN Post Office Box 5996 Bend, Oregon 97708-5996 (503) 389-3676 389--5483 4 June 1987 Denyse McGriff - CDD - Planning Division (503) 388-6575 Jeb Barton - Owner and Seller (503) 388-1854 Mark Burchett - Neighboring Affected Owner (503) 382-5893 Bend OR 97701 Dear Denyse McGriff, Jeb Barton, and Mark Burchett, We are asking for a lot line adjustment prior to the purchase of Jeb's Sisemore Rd property. We desire to purchase a buildable lot and do not wish to buy anything that will prohibit the placement of a home at the top of the hill Just to the west of the old test pit. We are asking the CDD department to deny the application if this is not the case. We wish to have a southern exposure for a solar designed home, since the original site was mostly a ridge facing north west. We also wanted less impact on the Tumalo Winter Deer Range, by moving hte building site closer to the road we cause less impact on their natural habitat. Bringing the back part of the property up closer to the road we can also deal with the side lot problems mentioned by Denyse and Karen. It also allows us to have the septic system near the house rather than down in the valley below. Once we have your approval we will then be able to have Mr. Colvin proceed with his survey. We appreciate your consideration on all this. Sincerely, W*!am oh Kuhn Martha Leigh Kuhn CDD8706.ws4 C, APPLICATION FOR A LOT LINE ADJUSTMENT APPLICANT: William John Kuhn & Martha Leigh Kuhn PHONE: (503) 389-3676 SITE ADDRESS: Sisemore Road. ZIP CODE: 97701 PROPERTY OWNER: John Barton PHONE: (if different) (503) 3a8-1$54 SITE ADDRESS: 17691 Snow Creek Road Bend ZIP CODE: 97701 PROPERTY DESCRIPTION: T 16 R 11 S1QTax Lot: 200 ADJOINING PROPERTY INVOLVED IN THE LOT LINE ADJUSTMENT PROPERTY OWNER: Mark Burchett PHONE: (5o3) 382-5893 SITE ADDRESS: Sisemore Road ZIP CODE: 97701 PROPERTY DESCRIPTION: T 16 R it S1g_ Tax Lot: 300 _ GENERAL LOCATION: West side of Sisemore Road about 1} miles North of Tumalo Dan To have a southern exposure ror a solar desl ed hone, REASON FOR ADJUSTMENT: since original site xas mostly a ridge facin northwest, we also wanted less impact on a um o Winter Deer ange, by moving the building site closer to the road we cause less impact on their natural habitat. ',PRESENT ZONE OF APPLICANT'S PROPERTY: F-3(WA)L-m PRESENT ZONE OF ADJOINING PROPERTY: F-3 (WA)''" PRESENT AREA OF APPLICANT'S PROPERTY: appx 4.3 Acres AREA OF APPLICANT'S PROPERTY AFTER ADJUSTMENT: appx 4.3 Acres PRESENT AREA OF ADJOINING PROPERTY: appx 34.6 Acres AREA OF ADJOINING PROPERTY AFTER ADJUSTMENT: appx 34.6 Acres PLEASE ATTACH A MAP DRAWN TO SCALE ******,r*,t****,t************,r******* NOTE ,r+************* r,r** rx*****,r*,r*** r The proper form, signed by a representative of the County Assessor's Office, shall be attached, certifying: 1) All taxes for parcels are paid in full; 2) The deeds are in the same name for all parcels to be adjusted or consolidated; 3) Accurate legal descriptions have been prepared for all adjustments. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 5 June 1987 App scant s igna ure Date 5 June 1987 roperty Owner's i natur ate THIS APPLICATION MUST BE PROCESSED WITHIN THE 120-DAY DEADLINE U~L=L ONLY FILE NUMBER: DATE SUBMITTED: FIAPPROVEO/DENIED RECEIVED BY: FEE PAID: RECEIPT a9: P a n n e r Date i_ 'i . I ju~~, . Community Development Department n i Courthouse Annex / Bend, Oregon 97701 (5031388-6575 . RECORD OF CONVERSATION SUBJECT C /Y~ Gl f' [-.ICU-nn-22g, Mp-79-Z2 / APPLICATION OR' PERMIT DATE: C117 TIME:4•0y~ ~l _ Q T PERSON: ~ Y f.(1 ~~C. COMPANY: PHONE: ACCOUNT T ~(Q .,,R S /9 _ TAX LOT zoo ADDRESS:. ssss=:cxexssas.s ss~iesssssssssssssassssesssssssxsrssmssssssessssssssesssssa COMMENTS : ~G~I,~CYGQ~?~1!r:(~ifh/~'.~~rh1x.7~ft~ i~i%rno Uz f~~fl~ C'cJ ~C~~~2 .(7m: 400-'/7?d& 4 Community Development Department Administration Bid% / Bend. Oregon 87701 15031 388-6575 June 19. 1987 Mr. and Mrs. William Kuttn 60780 River ?lead Drive Send. Oregon RE: Lot Line Adjustment LT-87•-23 Dear Xr. and Mrs. Xubn: Planning Division Building Safety Division Environmental Health Division We have approved your lot lire adjustment application sub;ect to the following condition.: 1. Prior to the issuance of a building permit, the deed restrictions to the Cluster Development on CU-80-22 shah be recorded with the Descutes County Clerk to run with parcels :.2. & 3 of that land use applicatinn. We were not able to find thet these restrictions. were recorded with the parcels. This was a cond?t;ore of approval on the conditional use permit. If you have any concerns or questions, please contact this office. Sincerely, DESCUUTES COUNTY PLANNING DIVISION Craig J. Sml%th, Director .Ki k D. Shipm n Assistant Planner MDS/cd CP3-22 cc: John Barton [ark Hurchett Denyse McGrJff T I < 7 rn 1n])Ir... 6 o Oul11s s' Conditional Use Argument regarding A-07-9 a • tuners oI' tax Ioi 101111) 00 00100 at 05595 Siscnnorc Road are its violation of • ill use Ct 1-90-22 which is the conditional use approval fur all three tax lots within m , ve opnicnt. This c;olldiliunal use Was approved prior to hoth tile Dowells, o , 0 .c) and our pLIMI ase in 1987. (]'lease sec attached CU-80-22) Q J U O en 0= CD -4 G T T c speci! ically in violation of condition number 2 (found at the top of page 3) W F X 0 r to the sale of any lot a written agreement shall be recorded which establishes an o rt c )le homeowners association or agreement assuring the maintenance of common 3 r , in the partition." )r to rtte sale of any Lot a wrir.Len agreement. shall. be recorded which iblishes an acceptable homeowziers associ.eL'ion or, agreemetit assuring the masintainaaee of rowoon property in the partition. This decision condition reflects public law PL-15 8.050.16 (C) (c) for cluster developments • 8.050.16 (C.) (c) A written agreement establishing an acceptable homeowners association assuring the maintenance of common property in the development. (C) All applixations shall be ac:cumpani ad by a plan, %d.th he following lri=o].mat+l!dn i (a) A plat r4ap fitpeting a.11. tlw subdivision re-Aiente.._ of the too.: Ly c-rdinance PL-14. tt?} ±t1N area to be preserved for opert space cieariy ~:[n3St~`2~c'3*~d,Q11 '_i'YI~ 'pi.~i2 H[iC1 c"llt~:'C»]~3.3t,G +^+~.`.~•^f`. w?3t..;;,+Y` t~ i ors, to Maintain. the land in ~Dpen spans provided.. ( f a r t.tett a.t~st ~!t!Ors} est.ah.Lisri..inq ati acceptably ha:ts~lc:s n ~ s rt cciati~7: aut;.ux:ing uie mrainto-Lr:ance of comoon properi. y in tie cey lp~p,a nt_ In addition, by repeatedly refusing; to even respond to our many efforts over the past eleven years to obtain this requirement the Dowells have abrogated the goals and policies of the 2000 Comprehensive Plan concerning fish and wildlife. (Please again see attached CU-80-22 under Conclusions on page 2 items A. a., b., & c.) CONCLUSIONS: A. Tile goals of Deschutes County Year 2,000 Plan concerning rural development on page 49 states: I+a To preserve and enhance the opelt spaces, rural character, scenic va3_ues and natural resources or the CuuctLy_ b. To qu£de the location. and design or rural development so as to uti:tinize the pub-Lic costs o1.` facilities.-and services, to avoid unalesmary expansion d~ . altet., , an uC szrvi~:4. bozlt,u'arxGa and to .r_...crsa •a., cnk....~. _.c.. •h.._ _.......i:Jbisi.ty rural land uses. C.. T: pr-cdc for thn posoible long-t:eret exp3n5,.Cn of ..:bav .__-a5 whi'la p'ro- tccting the. de.st.i.nction between urban. (urbanizing) lands and rural land nseS.++ REC ED aY: - DEC 0 5 2007 -11) Ka.c.z.L~_ (-4c0u, 11 s~u n557,5111+wclklKulu+l.cgab~r~;mmmsUOA is liegnirc<RU711U3 K+dtu~ Gpxlitinnnli Ga A~I;urncin rul;arJinl; A-U7-e.doc page 1 12IU512GOI D~ ~4Ciav Y• . vim---~ Wiltiam John Karin Martha Leigh Kuhn PO Box 5996 Bend, Oregon 97703-5996 Phoiie: (541) 359-3676 Wednesday 12 December 2007 To Karen Green Hearings Officer Deschutes County The Kuhns' Final Arguments of A-07-9 Attachments Arguments include: DCC 22.32.0 10 Who may appeal Adversely Affected or Aggrieved and Land Use Issues *cvvzo- le~z William John Kuhn Martha Leigh Kuhn RECEIVED my, M DEC 1.2 2007 SLIVERED BY- ll iam K~~ n Sent via email and Hand delivered C:\Doeslprap655751Dowc111KuhnLegalArgumenls\A-07-9_AsLandUselThe Kuhns Final Arguments fur A-07.9.doc page 1 12Y1212007 1- F Summary list of Documents d*v ~v J~~;QCD submitted 5 December 2007 re A-07-9 an appeal of a building permit B65731 as a land use decision. The documents submitted on Wednesday 5 December 2007 included among others: 4LC?" 1. The Kuhns' Conditional Use Argument regarding A-07-9 r►'lr a. Violation of conditional use item number 2. DEC 2 6 2007 b. Violation of fish and wildlife goals of Comprehensive Plan c. Violation of Civil Court Order ®~vf© d. Conditional use conditions have not been met q e. Dowells failed to show Burden of Proof ~n 2. Supplementing Issues of Consideration for being Adversely Affected and Aggrieved Listing of eight are just a FEW of the issues of how the Kuhns have been aggrieved. 3. Our conditional use - CU-80-22 4. PL-15 8.050.16 (C) (c) for cluster developments 5. the Adler decision in Kuhn v. Dowell 01CV0233MA - Plaintiffs' Sixth Claim- The Dowells shall enter into a joint owners' agreement with the Kuhns. 6. a. Paul Blikstad letter to Dowell 10 February 1992 regarding 400' b. Final plat map MP-79-232 C. Dowell site plan map LM-92-9 7 Memorandum from Isham to John Anderson 6 November 1981 setbacks are binding 8. Mark Shipman letter to Kuhns prior to our purchase 19 June 1987 - prior to a building permit being issued the deed restrictions shall be recorded. 9. Email exchange in early August 2007 with Tom Anderson CDD Director stating that this is a land use appeal. Includes DCC 22.04 - Definitions and DCC 22.16 Authority of Director to allow appeal. 10. numerous LUBA cases including: (sorry I don't understand.LUBA's numbering system.) a. LUBA_24 Or 558-Joins&Monroe-v-LinnCo_1992-3 applied issue preclusion in a subsequent land use review by a county where the parties, including, the county, had litigated land use issues in Circuit Court. CitDoesFprop655751DoweIKKuhnLegalArgmnents\A-07-9_AsLundUse1071205_Summary list of Documents for A-07-9.doe page I 12/5207 92,025 PROPERTY RIGHTS AND TRANSACTIONS regulation adopted under ORS 92.044 or 92.046, respectively, prior to the approval of the tentative plan for the major or minor partition; but no person may sell any parcel in a major partition or in a minor partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92,046, respectively, prior to such approval. [1955 c.756 §24; 1973 c.696 §5; 1974 a.s. e.74 §l; 1977 c.809 §51 92.020 [Repealed by 1955 c.756 §5 (92.025 enacted in lieu of 92.020 and 92.030)] 92.025 Prohibition of sales of lots prior to recordation of plat. (1) No person shall sell any lot in any subdivision until the plat of the subdivision has been acknowledged and recorded with the recording officer of the county in which the lot is situated. (2) No person shall sell any lot in any subdivision by reference to or exhibition or other use of a plat of such subdivision before the plat for such subdivision has been so recorded. In negotiating to sell a lot in a sub- division under subsection (1) of ORS 92.016, a person may use the approved tentative plan for such subdivision. 11956 056 §6 (enacted in lieu of 92.020 and 92.030); 1973 c.696 §6;1977 c.809 §61 92.030 [Repealed by 1955 c.766 §5 (92.025 enacted in lieu of 92.020 and 92.030)] 92.040 Application to planning com- mission or governing body of city or coun- ty for approval of subdivision plan or map before recording. Before a plat of any subdi- vision or the map of any major partition may be made and recorded, the person proposing the subdivision or the major partition or his authorized agent or representative shall make an application in writing to the county or city having jurisdiction under ORS 92.042 for approval of the proposed subdivision or the proposed major partition in accordance with procedures established by the applicable ordi- nance or regulation adopted under ORS 92.044. Each such application shall be accom- panied by a tentative plan showing the gener- al design of the proposed subdivision or the proposed major partition. No plat for any proposed subdivision and no map for any proposed major partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or the proposed major partition has been ap- proved by the city or county. Approval of the tentative plan shall not constitute final accep- tance of the plat of the proposed subdivision or t the map of the proposed major partition for j recording; however, approval by a city or 1 county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the plat or reap and the city or county may require only such changes in the plat or the map as are necessary for compli- ance with the terms of its approval of the tentative plan for the proposed subdivision or the proposed major partition. [Amended by 1955 c.756 §7; 1973 c.696 §71 92.042 Governing body having juris- diction to approve plans, maps or plate. (1) Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and major partitions under ORS 92.040 and 227.110. However, when the governing body of a county has adopted ordinances or regula- tions for subdivision and major partition control as required by ORS 92.044, land in such county within such six-mile limit shall be under the jurisdiction of the county for such purposes. (2) Land over six miles from the corporate limits of a city is under the jurisdiction of the county for the piupose of giving approval of " plans, maps and plats for subdivisions and major partitions under ORS 92.040. [1955 e.756 §4; 1973 c.261 §1; 1973 c.696 §81 92.044 Adoption of standards and procedures governing approval of plats and of partitioning of land. (1) The govern- ing body of a county or a city shall, by regula- tion or ordinance, adopt standards and proce- dures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042, the submission and approval of tenta- tive plans and plats of subdivisions and gov- erning the submission and approval of tenta- tive plans and maps of major partitions. (a) Such standards may include, taking into consideration the location and surround- ing area of the proposed subdivisions or the proposed major partitions, requirements for: (A) Placement of utilities, for the width and location of streets or for minimum lot sizes and such other requirements as the governing body considers necessary for lessen- ing congestion in the streets; (B) For securing safety from fire, flood, slides, pollution or other dangers; 928 EXHIBIT G PAGE TC-MD 050021 C J. t: k 01T ES C C3 ~ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, OCTOBER 6, 2004 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner Tom De Wolf was out of the office. Also present were Mike Maier, County Administrator; Tom Blust and George Kolb, Road Department; Mark Pilliod and Laurie Craghead, Legal Counsel; George Read, Tom Anderson, Kevin Harrison, Don Horton and Catharine White, Community Development Department; Greg Canfield, Mental Health Department; media representative Barney Lerten of bend.com and The Bugle; and ten other citizens. Chair Michael Daly opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Commissioner Daly stated that Legal Counsel has advised him that the Elkhorn/Pahlisch public hearing, which had been noticed some time ago, has been cancelled. Members of the Central Oregon Legal Professionals group, Carol O'Dell and Laurie Kendall, announced that County Deputy Legal Counsel, Laurie Craghead, has been selected "Boss of the Year". They then awarded a plaque to Ms. Craghead. Leigh Kuhn, citizen, spoke. She gave her address as 65575 Sisemore Road, located within the Tumalo winter deer range. She then read a statement (a copy of which is attached at Exhibit B). Minutes of Board of Commissioners' Meeting Wednesday, October 6, 2004 Page 1 of 10 Pages Commissioner Daly said he received an e-mail from the County Clerk that the plat in question has been recorded. Laurie Craghead explained that Jeff Sageser of the Clerk's Office showed a copy of the recorded document to her this morning. He is still working on the notification of other owners who may be in a similar situation. The Community Development Department is trying to determine which properties are affected. The 1979-1985 time period included a County Code requirement to record these documents, but there was no State requirement at that time. At this time, individual developers record their plats; the County does not have to do so. She said the Kuhns can get a certified copy from the Clerk if they'd like. Tom Anderson added that in 1979 minor partitions were not required to be recorded, and it was unclear how this issue was supposed to be handled. Bill Boyer, of the Friends of Deschutes County, living at 17575 Jordan Road, then spoke. He said he wanted to compliment the Board for correcting this long- standing injustice. Since it seems to affect a large number of people, it is good to nip it in the bud before it becomes a highly publicized issue. Commissioner Daly stated that the Board was just made aware of this situation a short while ago. Mr. Boyer replied that the Kuhns have worked on this issue for a long time. It is good that the County now recognizes the problem and is taking action on it. William Kuhn added that Mr. Daly is correct in that he might have just heard about this issue. However, both Commissioners Luke and DeWolf knew about it in the year 2000 and were asked to record it then, but the request was refused. Mr. Kuhn thanked Tom Anderson and County Legal staff for moving this forward. 2. Before the Board was Consideration of the Reading of a Proclamation that October 2004 be Declared National Disability Employment Awareness Month. Note: This item was addressed first, prior to Citizen Input. Dan Horton, a Community Development Department employee, and Kristi Svendsen of the Central Oregon Resources for Independent Living (CORIL), spoke before the Board. Mr. Horton then read the proclamation. Minutes of Board of Commissioners' Meeting Wednesday, October 6, 2004 Page 2 of 10 Pages it y r Deschutes County planning division of Community Developmr nt Depart Mont t(CDD) fm rough The maintains a data base of all land use applications and tracks them applic completion or lapse, withdrawal, or rejection. The data base is found in a file labeled PLandUse.pdf and can be downloaded from the CDD we site. , however curious as to why there are holes and missing data in the 92 9 however, example our I am at our own cluster I can find our LM-88-7 and the Dowells' looking in 79-232, Gil Eddy's MP-79-70, our CU-80-22, and our LL-87-21 are all missing. there were sometimes mo I further noted that of the MPs listed from 1974 through 2004 the data is much more missing data than listed data. I appreciate that as time has gone on accurate and complete. However, I would like to know if CDD will befillI nntg t ease holes, or if they can give us further information in some other way Listed to o Mto obg % Missing Year HighestNumbered MP Probable 73% 1974 MP-1974-063 63 17 .46 23 53 70% 1975 MP-1975-076 76 70 1976 MP-1976-081 81 11 1 115 86% 86% 1977 MP-1977-188 188 73 292 126 166 57% 1978 MP4978-292 1979 107 136 56% MP-1979-243 243 121 48 73 60% 1980 MP-1980-121 1981 33 52 61% MP-1981-085 85 25 12 13 52% 1982 MP-1982-025 14 8 36% MP-1983-022 22 1983 23 10 13 57% 1984 MP-1984-023 11 g 42% 1985 MP-1985-019 19 24 12 12 50% 1986 MP-1986-024 16 11 41% 1987 MP-1987-027 27 52 43 9 17% 1988 MP-1988-052 43 14 25% 1989 MP-1989-057 57 . 87 6 6% 1990 MP-1990-093 93 52 7 12% 1991 MP-1991-059 59 65 60 5 .8% 1992 MP-1992-065 1993 2 6% MP-1993-032 32 30 39 35 4 10% 1994 MP-1994-039 40 9 18% 1995 MP-1995-049 49 3 6% 1996 MP-1996-049 49 46 36 3 % MP-1997-038 38 2 5% 1997 38 36 2 5% 1998 MP-1998-038 25 0 0% MP-1999-025 25 1999 39 39 0 0% 2000 MP-2000-039 18 0 .00/0 2001 MP-2001-018 18 . 48 46 2 4% 2002 MP-2002-048 37 0 0% MP-2003-037 37 2003 25 25 0 0% 2004 MP-2004-025 ,Exhibit F-::)_ Page 1Z) of is o$A°• UQ~oS.aS. 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