2011-2776-Minutes for Meeting April 04,2011 Recorded 5/5/2011DESCHUTES COUNTY OFFICIAL RECORDS CJ 2011-2776
NANCY BLANKENSHIP, COUNTY CLERK
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COMMISSIONERS' JOURNAL
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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
MONDAY, APRIL 4, 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; Laurie Craghead, County
Counsel, and one citizen. No representatives of the media were in attendance.
Chair Baney opened the hearing at 10:03 a.m.
Before the Board was Consideration of a Public Hearing on the Deschutes
County Comprehensive Plan Update.
No hearing was conducted, as at the previous hearing (Thursday, March 31, 2011
in La Pine), the hearing was continued to the April 5, 2011 hearing at 6 p.m. at
Sisters City Hall. Therefore, no oral testimony could be taken at this time, if any
had been offered (none was).
Chair Baney indicated that there will be at least one other hearing conducted after
the April 5 hearing date, due to possible changes to wording in the comprehensive
plan update document. Written comments are welcome until such time as the
hearings are closed.
2. Before the Board was Citizen Input.
Citizen William Kuhn asked to speak about something that is not part of the
agenda.
Mr. Kuhn stated that he has an issue about which he hopes to speak with
Commissioner DeBone at some point (WHCMP and the Oregon Department of
Fish & Wildlife - see attached e-mail). He appreciates having a new Board of
Commissioners with a different makeup than in past years. He feels this is a
big plus.
Minutes of Board of Commissioners' Business Meeting Monday, April 4, 2011
Page 1 of 3 Pages
He said he would love to walk away and never have to come back, but he sees
things occurring that don't make sense to him, and are of community concern.
For instances, the recent situation with the new District Attorney, although there
could have been some problems that originated regarding the release of
personal information that came from the County. He would like to see the
County more willing to recognize errors when they have been made, and to deal
with them in a straightforward way.
His situation has to do with a Code violation, issues brought forth since 1997
regarding a problem at Sizemore Road. There was no homeowners agreement
in place as required, and (County employees) Dennis Perkins and Kevin
Harrison told him there had to be one in writing to start a Code complaint
process. This happened on January 15, 1997. Nothing was done. He asked
that the County not finalize a building permit for the party in violation, but they
did.
Since then there was mediation, which did not work. He also offered wording
in the agreement regarding the party's right to have dogs on their property, but
they refused. He spoke with (then County Counsel) Rick Isham about the deed
restriction being the homeowners' agreement, but that a suppositional statement
cannot be appealed. Someone at the County had said that the homeowners'
agreement applies.
Chair Baney suggested that there is really no way to deal with a suppositional
statement. Laurie Craghead added that there is a possibility of a declaratory
ruling on the land use application, but it states clearly in Code that statements
made by staff over the counter or comments made by staff cannot be held as a
ruling. The Board already decided on the homeowners' agreement if the parties
can come together on it. There is a possibility of a declaratory ruling if the
criteria fits.
Mr. Kuhn stated that if an official makes a statement here, it means something.
Why can't what a County employee says do the same. A Judge did rule in his
favor. He does not want to pay thousands of dollars for a declaratory ruling to
correct this problem.
Ms. Craghead pointed out that a suppositional statement could be countered by
any number of other suppositional statements. This would require a formal land
use action.
Minutes of Board of Commissioners' Business Meeting Monday, April 4, 2011
Page 2 of 3 Pages
Mr. Kuhn reiterated that he did file a complaint, but it was not followed up as it
should have been at the time.
Ms. Craghead said that the Board could initiate a land use action and
declaratory ruling, with the County footing the bill. Commissioner Unger noted
this it should depend on whether such an action would affect more than just this
situation, and not just benefit or apply to one situation or party.
Mr. Kuhn thanked the Board for its time, and commented again on what he
feels is the positive change in the makeup of the Board.
Being no further discussion or items to come before the Board, Chair Baney
closed the meeting at 10:15 a. m.
DATED this ' Day of (2~atx-k 2011 for the
Deschutes County Board of Commissione s.
Tammy Baney, Chair
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Anthony DeBone, Vice Chair
ATTEST:
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Recording Secretary
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Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, April 4, 2011
Page 3 of 3 Pages
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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
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, APRIL 4, 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 zip 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. A PUBLIC HEARING on the Deschutes County Comprehensive Plan Update
- Terri Hansen Payne, Community Development
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.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, April 4, 2011
Page 1 of 5 Pages
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Monday, March 28
10:00 a.m. 10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 29
6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - Board Hearing Rooms
Wednesday, March 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 31
9:00 a.m. Department Update - Road Department
10:00 a.m. Department Update - Solid Waste Department
11:00 a.m. Department Update - Health Services Department
6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - La Pine Senior Center
Monday, April 4
10:00 a.m. Board of Commissioners' Meeting - includes a Public Hearing on the Proposed
County Comprehensive Plan
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council)
Tuesday, April 5
12:00 noon Family Access Network Meeting, St. Charles Medical Center
6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - City of Sisters
Council Chambers
Board of Commissioners' Business Meeting Agenda Monday, April 4, 2011
Page 2 of 5 Pages
Wednesday, April 6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 7
8:00 a.m. Regular Joint Meeting with Sisters City Council, Sisters City Hall
Tuesday, April 12 3:30 - 7 p.m. Open House, 9-1-1 Offices, Pole Sholes Road
Wednesday, April 13
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 18
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 20
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, April 27
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 28
10:00 a.m. Department Update - Children & Families' Commission
Board of Commissioners' Business Meeting Agenda Monday, April 4, 2011
Page 3 of 5 Pages
Monday, May 2
3:30 p.m. Local Public Safety Coordinating Council Meeting
Wednesday, May 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, May 11
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, May 12
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond City Hall
Monday, May 16 - Thursday, May 19
9:00 a.m. Budget Committee Meeting - Departmental Presentations
Friday, May 20
7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the City - Bend Country
Club
8:00 a.m. (Tentative) Budget Committee Meeting
Monday, May 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday May 25
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, April 4, 2011
Page 4 of 5 Pages
Monday, May 30
Most County Offices will be closed to observe Memorial Day
Wednesday, June 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 8
7:30 a.m. Legislative Update (conference call)
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 15
1:30 p.m. Administrative Work Session - could include executive session(s)
Friday, June 17
7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the County
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, April 4, 2011
Page 5 of 5 Pages