HomeMy WebLinkAbout2009-05-06 Business Meeting MinutesDeschutes 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, MAY 6, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Tom Blust and George Kolb, Road Department; Susan
Ross, Property and Facilities; Keith McNamara, Veterans' Services; and
approximately a dozen other citizens, including representatives of the media.
Chair Baney opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
Chair Baney noted that Helen Rastovich, former County Treasurer who was
with the County for a total of 36 years, recently passed away and will be greatly
missed.
2. Before the Board was a Presentation of Annual Reports from Humane
Society of Central Oregon and the Humane Society of Redmond.
Pat Roden, Director of the Humane Society of Central Oregon, gave an
overview of the Society's activities for the past year. She said HSCO is the
only open admission shelter in the area, which means they don't turn away any
animals. She referred to a written report at this time. February was the lowest
adoption month in ten years for a variety of reasons.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 1 of 9 Pages
Commissioner Luke asked about some of the adoption criteria, such as perhaps
requiring someone to be home with a dog at all times, which could make it
more difficult to adopt out animals. If said if he were a dog, he'd rather be at a
home alone instead of being put down.
Commissioner Luke explained to the audience that the local shelters receive
funding from the County through dog licensing fees. The fees are distributed to
the shelters based on the areas they serve. Dave Kanner stated that HSCO
receives more funding than the Humane Society of Redmond. The amount can
depend on where animals are picked up as well. Commissioner Luke pointed
out that Redmond takes in large animals, but HSCO does not.
Ms. Roden stated that stray intakes are down about 15 %, but owner releases are
up.
Chris Bauersfeld, Director of the Humane Society of Redmond, gave a brief
overview of the activities occurring there. She said that the County has been
very supportive, as has the community. They are moving quickly forward with
a new board of directors and new programs. She does not have a lot of data
from 2008 to offer, due to the many changes of the past year, but efforts to
educate and reach the community have greatly increased over the past few
months, amounting to over $30,000 in revenue since January. They have also
had a lot more fundraising events and initiated dog training programs for new
owners. This has been provided at no cost.
She said adoptions are up almost 20% since last year. This has slowed over the
past month, however. Owner surrenders are up due to the poor economy. They
have started a low -cost spay and neuter program for the public, which has been
very successful. In twelve days, 138 dogs and cats were altered. This helps to
pay the cost of surgeries for shelter animals.
She pointed out that there seems to be a perceived notion of the value of a cat,
and adult cats are generally adopted out at only about $20. Services have
increased, including testing for leukemia and feline AIDS, so the adoption fee
does not cover the expenses, but she feels it is more important to adopt out the
cats than trying to get more money for them. Some dogs are adopted out at $45
but others that are more desirable get a higher adoption fee. There is a lot of
value in what the animals receive. Classified ads, paid for through donations,
have helped to increase the number of adoptions.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 2 of 9 Pages
Commissioner Luke asked if there is a decline in the number of animals coming
in due to local groups that offer low -cost spay and neuter services. Ms. Roden
said that she believes this is having a positive impact on the number of cats
being turned in, but there will never be a shortage of cats needing homes.
Commissioner Baney said that she appreciates the work done by both agencies,
and is pleased with what the Redmond group has been able to do to get up and
running again.
3. Before the Board was Consideration of the Reading of a Proclamation
Declaring May 8, 2009 "Military Family Appreciation Day in Deschutes
County ".
Keith MacNamara, Deschutes County Veterans' Service Officer and Roy
Morris, Disabled Veterans' Outreach Program asked if the Commissioners
would read and adopt the Proclamation. The Commissioners were pleased to
do so.
Commissioner Luke said that he was at a State meeting where he learned that
this Proclamation is being adopted by many communities. Mr. McNamara said
that almost twenty areas will be observing this event.
Chair Baney then read the Proclamation.
LUKE: Move approval of the Proclamation.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2009-
206, a Gate Permit (No. 2009 -001) allowing Thomas Meyer to Maintain a
Gate Located on Stardust Lane within Sno -Cap Vista Estates Subdivision,
North of Sisters.
Tom Blust explained the item, and distributed photos of the gate to the Board.
Thomas Meyer, who requested the gate permit, was not in attendance.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 3 of 9 Pages
The roads are dedicated to the public, but maintained by the homeowners'
association and not the County. The gate is at a location where three properties
front the road. All three of the property owners have signed the gate permit
application. Mr. Meyers lives at the end of the road.
There is an additional gate at Mr. Meyers' property, which does not require a
permit.
In 1990 the Board established a resolution that outlined the criteria for
obtaining gate permits. This application meets all of the requirements except
perhaps #5, which is whether it is in the public interest. This is a dead -end road
and all property owners at that location have signed the permit.
Commissioner Luke stated that a larger map shows the area as a circle. This
road does not go anywhere although the claim is it is used as a turn- around.
Requests for permits on public roads have been made before; he asked how
many gate permits have been granted that don't allow public access. Mr. Blust
stated that there are perhaps a half -dozen at this time.
Commissioner Luke said that although this is not a public hearing, he is open to
hearing comments from the public.
Chair Baney clarified that Stardust Road is a public road, not maintained by the
County. Mr. Blust pointed out on a map where the gate location would block
the road. Everything else in the subdivision is accessible. Just three property
owners are affected. Mr. Blust said it was dedicated as a public road right -of-
way, so the County has jurisdiction; but in this case the County does not
provide maintenance.
Commissioner Unger asked how gated communities work. Mr. Blust said the
roads within gated communities are all private and were not dedicated to the
public. Commissioner Unger said he looks to the west on the maps, and it
appears there is a canyon with open space. Mr. Blust said it drops down into
Whychus Creek, but there is no legal access to that area. The property abutting
Mr. Meyers' property is also private land.
A number of e -mails and letters have been received from local citizens
regarding access to the canyon area, but there is no legal access established.
Chair Baney opened the meeting to public comments at this time.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 4 of 9 Pages
Bill Monahan, who lives in the area, said he sent an e -mail to the Board and a
letter to Mr. Blust about the issue. This is a public road, dedicated to the
County by the developers. It is maintained by the homeowners, including
paving. This area is used by the homeowners for recreational use such as
walking and bicycling. As far as he knows, he has heard no complaints about
problems on the road, such as teenage parties and other inappropriate activities.
He feels there is no problem there. The difficulties arose with the neighbor,
who installed the gate in the belief he did not need a permit. The neighbor has
been vocal and abusive in this regard. As a taxpayer, Mr. Monahan feels there
needs to be a very good reason to take away public access in this instance.
Commissioner Luke asked if the road is being used for truck turn- arounds as
claimed. Mr. Monahan said the road does end at Mr. Meyers' property and
people would have to turn around at that point.
Chair Baney asked if he has spoken with the other people whose names are on
the permit. Mr. Monahan said that the Quigley's don't seem to mind bicyclists
going through the property.
Janet Zuelke, who is on the board of directors of Wolf Tree, then spoke. The
property on the bottom of the canyon, adjacent to the Meyers' property, was
secured as a conservation easement. Plans for the property are in the works. It
will be used for research and education purposes. There are outbuildings,
garbage and other things on the property that need to be removed to start the
restoration process. Riparian habitat will be restored and trucks will be required
during this time. Access to this property is in dispute and they hope to gain this
access legally. Mr. Meyers has not officially disputed this, but he has
essentially landlocked the property. The gates cause a hardship in this instance,
but also could affect emergency situations, such as wildland fires.
Fred Kimmel and his wife are opposed to the gate. All of the homeowners paid
towards improvements of the roads, including about 270 feet now blocked off.
They also remove the snow from the roads. Mr. Meyers has paid nothing
towards this maintenance. He will not discuss the issue with the other property
owners, stating that it needs to be handled by his attorney.
Commissioner Luke asked how the road maintenance is paid. Mr. Kimmel said
the homeowners pay for this, but it is not through a tax assessment.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 5 of 9 Pages
Commissioner Unger asked what the homeowners' association has done in this
regard. Mr Kimmel said that he heard there was a meeting at the gate, but he is
not clear what was discussed, so he cannot state the association board's
position.
Robert Robinson owns property in the area and has paid road assessment fees
for twenty years. He said his concern is the character of the individual, who
said he would issue keys to the others but then did not do so. He also feels that
he owns more land beyond the gate. His petition is to prevent trucks from
accessing the road. A sign could be installed that it is a dead -end road with no
turn- around.
A natural turn- around used to exist, but Mr. Meyers has barricaded this with
boulders. The association has never asked the County to help maintain this
road. Mr. Robinson feels that Mr. Meyers has intimidated the other property
owners who may have signed the permit application out of duress.
Bill Monahan again spoke, as a member of the five - member association board.
An initial meeting with two board members and two officers and the property
owners was held. The board was asked to vote on a resolution giving no
position on the gate. The board was not satisfied with that action. A second
meeting said the board should take no position. The board voted 3 -2 on a
resolution that the HOA disapproves of the gate but would allow the County to
decide the issue.
Commissioner Unger said that what the governing body of the subdivision feels
is important and feels they should take a stand.
Mr. Monahan stated that the Board had not intended to make a statement for
this meeting, but did pass a resolution at one point.
Kathleen Boro said that the board's attorney advised them not to deal with it.
Mr. Meyers is difficult to work with. Commissioner Baney said that it appears
to be somewhat of a neighbor to neighbor issue and understands why they
would want the County to be involved.
Commissioner Luke said that if the road were abandoned, the property
generally reverts back to the property owners on either side. The Laytons and
Quigleys would receive the property and Mr. Meyers would be landlocked, so
this is not feasible. Commissioner Baney added that this is not something the
County does lightly.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 6 of 9 Pages
George Kolb commented that per ORS the County can land lock a parcel if the
owner agrees, but normally this is not done.
Commissioner Unger said it is important what the HOA feels. He thinks this is
a public right of way and does not support the gate permit. Commissioner Luke
takes putting a gate across a location where the public has had access in the past
very seriously. He does not support this gate permit.
LUKE: Move that this document be denied.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Tom Blust said that the gate will be removed.
5. Before the Board was Consideration of Signature of Document 2009 -204, a
Lease between Deschutes County and Obsidian Technologies, Inc.
Susan Ross gave a brief overview of the item, which has to do with a lease of
vacant property in the County's property on Wall Street in the same building as
Keller Williams Realtors.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
6. Before the Board was Consideration of Signature of Order No. 2009 -029,
Appointing Gregory P. Colvin to a New Term as Justice of the Peace, Pro -
tem.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 7 of 9 Pages
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9 -1 -1 County Service District, in the Amount of
$13,781.91.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension /4 -H County Service District, in the Amount of
$10,802.79.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County, in the Amount of $1,900,490.22.
LUKE: Move approval, subject to review.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 8 of 9 Pages
10. ADDITIONS TO THE AGENDA
None were offered.
Being no further items to come before the Board, the meeting adjourned at
11 :10 a.m.
DATED this 6th Day of May 2009 for the Deschutes Coun Board of
Commissioners.
ATTEST:
p�' c�vu.�.c' ( k
ecording Secretary
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
Minutes of Board of Commissioners' Business Meeting Wednesday, May 6, 2009
Page 9 of 9 Pages
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Deschutes County Board of Commissioner
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.orc
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, MAY 6, 2009
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. PRESENTATION of Annual Reports from Humane Society of Central Oregon
and the Humane Society of Redmond — Pat Roden, Humane Society of Central
Oregon and Chris Bauersfeld, Humane Society of Redmond
3. CONSIDERATION of Reading of a Proclamation Declaring May 8, 2009
"Military Family Appreciation Day in Deschutes County" — Keith MacNamara,
Deschutes County Veterans ' Service Officer and Roy Morris, Disabled
Veterans' Outreach Program
4. CONSIDERATION of Signature of Document No. 2009 -206, a Gate Permit
(No. 2009 -001) allowing Thomas Meyer to Maintain a Gate Located on
Stardust Lane within Sno -Cap Vista Estates Subdivision North of Sisters — Tom
Blust, Road Department
5. CONSIDERATION of Signature of Document 2009 -204, a Lease between
Deschutes County and Obsidian Technologies, Inc. — Susan Ross, Property &
Facilities
6. CONSIDERATION of Signature of Order No. 2009 -029, Appointing
Gregory P. Colvin to a New Term as Justice of the Peace, Pro -tem
Board of Commissioners' Business Meeting Agenda Wednesday, May 6, 2005
Page 1 of 5 Pages
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
7. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
8. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4 -H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
10. 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.)
Board of Commissioners' Business Meeting Agenda Wednesday, May 6, 2009
Page 2 of 5 Pages
Wednesday, May 6, 2009
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, May 12, 2009
12 noon Regular Commissioners /Department Directors Update
Wednesday, May 13, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 18, 2009
9:00 a.m. Budget Deliberations
Tuesday, May 19, 2009
9:00 a.m. Budget Deliberations
1:00 p.m. Departmental Budget Presentations
Wednesday, May 20, 2009
9:00 a.m. Budget Deliberations
Thursday, May 21, 2009
9:00 a.m. Budget Deliberations
Monday, May 25, 2009
Most County Offices will be closed to observe Memorial Day.
Wednesday, May 27, 2009
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, May 6, 2009
Page 3 of 5 Pages
Monday, June 1, 2009
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, June 3, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 4, 2009
10:00 a.m. Regular Update with the District Attorney
11:00 a.m. Regular Update with Community Development Department
1:30 p.m. Regular Update with Road Department
2:30 p.m. Regular Update with Solid Waste Department
Wednesday, June 10, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 11, 2009
11:00 a.m. Regular Update with Health & Human Services Department
Monday, June 15, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 17, 2009
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 18, 2009
10:00 a.m. Regular Update with Community Justice Department
Board of Commissioners' Business Meeting Agenda Wednesday, May 6, 2009
Page 4 of 5 Pages
Monday, June 22 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 24, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting — includes public hearings on proposed budgets,
and consideration of adoption of the budgets
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 25, 2009
9:00 a.m. Regular Meeting with Fair & Expo Department
11:00 a.m. Regular Meeting with Commission on Children & Families
2:00 p.m. Regular Meeting with the Sheriff
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 2
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Friday, July 3
Most County Offices will be closed to observe Independence Day.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY.
Please call (541) 388 -6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, May 6, 2009
Page 5 of 5 Pages
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BOARD OF COMMISSIONERS' MEETING
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Submitting written documents as part of testimony?
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BOARD OF COMMISSIONERS' MEETING
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REQUEST TO SPEAK
Address
Date 5
Phone #s
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BOARD
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In Favor
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Submitting written documents as part of testimony? Yes No
BOARD OF COMMISSIONERS' MEETING
Agenda Item of Interest
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No
Deschutes County Commissioners
1300 N.W. Wall Street
Bend, Or. 97701
Re: Docket No. 2009 -206
Gate Permit No. 2009 -001
Robert and Linda Rob'
17021 Canyon Crest D
Sisters, Or. 97759
5415499452 or rjrlar @h
Dear Commissioners:
ail.com
- j MAY - 1 2009
BOARD OF COMMISSIONE �S
ADMINISTRATION
By this letter, I, Robert J. Robinson , respectfully submit to the Commissioners the following comments regarding
proposed vacation of Star Dust Lane.
First, this applicant does not meet the county's criteria for a gate. It is not a dead -end road . The road is generally
used by the public. A gate will restrict access to any parcel of land owned by others (Wolf Tree Conservancy). It
does not appear to be in the general public's interest to allow for the gating of the road. And, the road is in a subdivi-
sion, that rejects the installation of the gate.
1. My first objection to allowing the gate, erected without a permit, to remain in place is because this is a county
vested road which is maintained by the Sno - CapVista Homeowners Association (H.O.A.). As member of that H.
O.A., not only did I contribute $5000.00 for upgrading County roads within the HOA but I am assessed a fee for the
maintenance and snow removal of those roads. In the last fifteen years it is my understanding that Mr. Meyers had
never made a monetary contribution towards the road maintenance /snow removal until this controversy arose, he
then paid $200.00.
2. When Mr. Meyers was claiming that the HOA boundary was on his property, Our H.O.A. had Fred Ast re- survey
the area of concern to delineate the road and property boundaries. Mr. Meyers then removed the survey stakes and
made claims that this section of Star Dust Lane belonged to him and that he had the right to erect a gate without a
permit. Mr. Meyers then posted on public property "no trespassing, private property signs, and private drive." One
of the private drive sign still remains on the gate.
3. The gate affects not just current residents but all future residences and as a member of HOA I feel it is our respon-
sibility to preserve public roads for the future needs where the public has a right to travel.
4. I have great concern that because of budget restraints, the county would accept this permit, in which the road
would cease to be public and subject the peoples passage on the peoples road to the whims of Mr. Meyers'
problematic behavior. Mr. Meyers has threatened members of the HOA with law suits and has intimidated
H.O.A. members with his dramatic behavior. Mr. Meyers stated H.O.A. would be ALLOWED to walk/bike on
the road, but after Mr. Meyers gate installation he orders H.O.A. members from Stardust Lane, stating it is HIS
property. What happens if Mr. Meyers overreacts again? The HOA needs Deschutes County to maintain juris-
diction on Stardust Lane.
5. According to the Applicant, Thomas Meyers, erected the gate to prevent trucks and cars from using the Layton's
driveway, which is within the Sno -Cap Homeowner Association plat, as a turnaround. The H.O.A. installed over
five years ago a no turn around sign at Canyon Crest and Stardust. Mr. Meyers real reason has been revealed to
homeowner association members and myself. On August 4th, 2008 in a verbal statement by Mr. Meyers, "Sno -Cap
owners cause me problems" as he commanded that 1 was never to cross "his" property line, a county road. At that
time Mr. Meyers indicated he owned a portion of Star Dust which extended 30 to 40 feet, North of the installed gate.
See attached police report, dated August 4th, 2008.
Having a gate or a gate key was not what Mr. Ramsey intended for the present and future generations when he dedi-
cated in 1968, the roads in our H.O.A. for the use of the public. Mr. Meyers does not have the right to tell the public
what to do on public property.
Report By: Robert J. Robinson
August 4th, 2008
17021 Canyon Crest Drive
Sisters, Oregon
Telephone: 5415499452
Denied Access to Public Roadway
Report Re: Stardust Lane Spur,in plat of Sno -Cap Vista Estates.
SYNOPSIS:
1. On August 4th, 2008 at 6:05pm PDT, I was riding my bicycle on a spur of Stardust Lane identified on
a 1968 plat of Sno -Cap Vista Estates and Deschute County records as a public roadway. As are all of the
roads within the plat of Snocap Vista Estates. The Sno -Cap section of the Deschutes County road
system has been maintained since about 1968 by assessments of lot owners within the SnoCap
Homeowners Association..
2. As I continued my bike ride on this stretch of Stardust Lane, I encountered a work crew to included an
individual who identified himself as Tom Meyers, who were in the process of constructing a gate that
would block the rest of this section of road. Mr. Meyers owns property contiguous to Snocap Vista
Estates and enjoys the same right of ways along this road as does the general public. I asked him why a
gate was being installed. His reply was that "this is my property' meaning the ownership of about 300 feet
of Stardust Lane. Mr. Meyers ask if I lived in Sno -Cap, I stated yes. Meyers retorted they (Sno -Cap
owners)cause me. problems.' Meyers further stated " People keep coming down" his" road sometimes as
many as fifteen a day and that these people use the Layton driveway as a turn around. (Note:
The Laytons are a member of the homeowner association and per Meyers, the Laytons are sharing in the
gate expense.)
3. Mr. Meyers behavior was becoming confrontational as HE commanded that I was never to cross "his"
property line pointing to a Stardust Lane storm culvert and a posted trespassing sign. I agreed to
Comply with his demands as to avoid having his negative behavior, escalate. Mr. Meyers decided to
escort me from the public roadway. His last remark to me was YOU will never cross that culvert", pointing
to the ground and saying "see this is my property".
4. I want this incident to go on record as to being denied access to a public road by a private citizen,
attempting to restrict the use of this road and also report Mr. Meyers aggressive behavior that could have
resulted in physical retribution.
I certify that this statement is accurate.
Robert J. Robinson
cc.
Deschutes County Road Department
Deschutes County Sheriffs Department
SnoCap Homeowners Association, President
Walt Shuey
17009 Vista View Loop
Sisters, Oregon 97759
Monday, July 07, 2008
Road Department
51150 SE 27th St. • Bend. Cregon 97702
(541) 388 -6581 • FAX ■'541 388 -2719
Subject:_Stardust Lane Research in the plat of Sno -Cap Vista Estates in Township 14 South,
Range 10 East, Section 25, W.M.
Walt,
Regarding your question about the status of the portion of Stardust Lane along the west line of tax
lot 141025B003700, subdivision records confirm that this is a public road:
• All of the roads in the 1968 plat of "Sno -Cap Vista Estates" were dedicated as public roads as
stated in the dedication on the title page of said plat. The portion of Stardust to the west,
ending in a cul -de -sac bulb, was dedicated as a public road in the 1987 partition plat MJP 87-
01.
Tax lot 141025B003700 is shown on the plat as Lot 1 of Block 4. The portion of Stardust Lane
bordering the west line of this lot was within the boundary of the subdivision of Sno -Cap Vista
Estates, therefore it was created as a pubic road at the time the plat was recorded. Please see
the attached sketch and the copy of the 1968 subdivision plat with my handwritten comments on
it.
Although these roads within the plat of Sno -Cap Vista Estates and MJP 87 -01 are not maintained
by the County, they are public roads because of the plat dedications. Oregon Revised Statutes
(ORS) 368.001 (5) defines a public road as: "A road over which the public has a right of use that is
a matter of public record."
ORS 368.031 gives the county jurisdiction over public roads, therefore if an individual desired to
place a gate within the public right -of -way of this road, they would need to apply for a gate permit
here at the Road Department. All of the owners affected by the gate would need to sign the permit
application. There is no guarantee that the permit would be granted... it is determined on a case
by case basis with final approval by the Board of Commissioners.
You indicated that a private easement may have been granted by deed to the owner of the parcel
in the canyon (tax lot 141025B003800) along this portion of Stardust , possibly prior to the road
being dedicated on the 1968 plat. If that is the case, the rights to the public it the 1968 dedicated
public road are not diminished by a pre- existing d3eded easement. The owners of Tax lot
141025B003700 (Lot 1 of Block 4) can still use the dedicated portion of Stardust to access their
property owing to the fact that Stardust is a public road.
According to Road Department records and Deschutes County Commissioner's - Jdumals,no
portion of this road has ever been vacated.
Mike Berry, PLS
County Surveyor
J:\DATA \WORD \RDRESERC\Stardust Lane 14- 10- 25.DOC
07/28/08 2:07 PM
Ll
MJB �l UStL % S °v "` l'
141026A000101
RESEARCH OF SOUTH SPUR OF
STARDUST LANE CREATED IN 1968
PLAT OF SNO -CAP VISTA ESTATES
7/7/2008 MJB
-NOT TO SCALE-
141026A000100
141025B000700
141025B004200
141025B000701
141025B001001
141025B001000
141025B000900
VISTA RIDGE
141025B001100
141026A000102
141026A000601
SYARIDUSY LANE
141025B003500
SOUTH SPUR OF STARDUSTLANE:
SIXTY FOOT WIDE PUBLIC ROAD DEDICATED
IN 1968 SUBDIVISION OF SNO -CAP VISTA ESTATES
141026A000500
141026A000400
141025B003700
i_Ayro4
141025B003501
141025B003400
/4
141026A000705
141026A000703
1410 00704
SOUTH LINE OF 1968 SUBDIVISION
OF SNO -CAP VISTA ESTATES
141025B003800
DEDIC/T/ON
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Page 1 of 2
Bonnie Baker
From: WILLIAM MONAHAN [monahanwd12 @msn.com]
Sent: Saturday, May 02, 2009 7:56 AM
To: Board
Subject: Stardust Lane Gate Permit Request
Attachments: Deschutes County Commissionerl.docx
Deschutes County Commissioners,
We are writing to make our opinions known about the request to place a gate across Stardust Lane within Sno
Cap Vista Estates subdivision. We are residents of Sno Cap Vista who use the portion of road that will be
affected. We use the portion in question and all the other roads in Sno Cap Vista for recreational
walking. In addition we have used that part of Stardust Lane while bicycling to connect with the roads it our
neighboring subdivision, Junipine Acres. That connection allows us to bypass a steep hill on Wilt road
which makes the trip to Sisters less strenuous. We, therfore, object to any restrictions on our use of that
portion of Stardust Lane including closing it with a gate.
Stardust Lane was plotted into Sno Cap Vista Estates when the subdivision was developed. Under laws in force
at the time, Deschutes County assumed control and ownership of all the Roads in Sno Cap Vista including
Stardust Lane. Stardust Lane terminates in a driveway that continues onto property owned by Mr. Tom Meyer.
Mr. Meyer uses Stardust Lane to reach his property. As far as we know, Mr. Meyer has never been
denied access to or otherwise impeded in his use of Stardust Lane. The Deschutes county surveyor has issued a
statement that the portion of Stardust Lane in question is indeed under the control of Deschutes County and not
legally owned or controlled by any other individual or group. The Sno Cap Vista Homeowners Association
commissioned a survey that confirmed that the portion of road in question is indeed still plotted into Sno Cap
Vista Estates subdivision.
Sno Cap Vista estates maintains the portion of Stardust Lane in question, having completed a third paving uplift
in 2008. This uplift, the previous uplift, and the original hard road surface were paid for 100% by the Sno Cap
Vista homeowners and other homeowners who use the road but do not live within the subdivision. Snow
removal from Stardust Lane, including the portion of the road in question, is also paid for exclusively by Sno
Cap Vista homeowners.
I have heard the argument made that allowing the gate to stay would not affect Sno Cap Vista residents' use of
that portion of road. However, Mr. Tom Meyer's behavior when the gate was closed proves that assertion is not
true. When the gate was first erected and closed, Mr. Meyer "stood guard" at the gate for many hours. When I,
Bill Monahan, drove my car to the closed gate out of curiosity, Mr Meyer was verbally abusive and ordered me
to, "get your ugly * ** car out of here ". One of my Sno Cap neighbors reported that while using the port on
of Stardust Lane in question as a bicycle shortcut, he was ordered by Mr Meyer never to use that portion of road
again. We can only conclude that allowing the gate to remain and be closed would somehow give Mr. Meyer the
idea that he has the right to exclude Sno Cap Vista residents from that portion of Stardust Lane. We believe
that the statute that allows gating a dead end road or cul de sac was adopted with the intention of deterring
partiers and mischief makers. We believe that there have been no such problems on this portion of Stardust
Lane. We think that it is a serious misuse of the statute to use it to allow individuals to claim exclusive use of
parts of public roads.
As Sno Cap Vista homeowners who have borne the cost of maintaining Stardust Lane, we object to losing our
right to use the portion in question. We further object to the presence of the gate, open or closed, since it is an
intimidating reminder of the events described above. As Deschutes County homeowners and taxpayers, we also
object to closing any portion of any county road without very strong justification. We do not believe that
justification exists in this case.
Thank you for your consideration.
Respectfu Ily,
William D. Monahan and Linda Monahan
5/4/2009
Page 2 of 2
17017 Canyon Crest Drive, Sisters 97759
(541)549 -0129
5/4/2009
f 1
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C
HUMANE SOCIETY
OF CENTRAL OREGON
Community Outreach 2008
Community Events:
The Humane Society of Central Oregon schedules community outreach events throughout the year. Each event
day is targeted outreach for a specific purpose which includes; adoption, humane education or raising of funds,
food or supplies. Some event days are planned to encompass multiple goals.
The following chart depicts the number of event days per month that HSCO reaches out to the community beyond
normal shelter functions. This means that HSCO is out in the community at an event location other than the
shelter or has specifically marketed to bring community members to the shelter. Some event days HSCO is at
multiple locations.
EVENT DAYS
Month and Year
January 2008
February
March
April
May
June
July
August
September
October
Fundraising for $
or Food /Supplies
Humane Education
Including S/N
2
1
6
31
2
25
1
3
8
11
3
8
4
14
23
5
2
1
27
9
November
8
6
December
26
13
Adoptions
1
3
4
2
10
7
11
5
2
3
4
11
High Participation Community Events 2008
4th of July Drake Park 4th of July Parade
Sage Springs Tennis Tmt COBA Home & Garden Show (07)
First Friday Gallery Walks Sisters Art in the Park (2)
Earth Day Fair Deschutes Co. Fair
Sunriver Dog Days
Best in Show Dog Walk
Bend Fall Festival
BMPRD Pumpkin Festival
C
HUMANE SOCIETY
OF CENTRAL OREGON
HSCO Humane Education Program
The Humane Society of Central Oregon reaches all ages of people in our community through our education
program. Lynne Ouchida, humane educator for eight years, regularly visits Bend, LaPine and Sisters. The
program provides three basic programs; responsible pet care, bite prevention /safety around pets and the link
between human and animal abuse. Custom programs are created to meet the requirements of the teachers The
education program also informs the community on HSCO's role in caring for the people and animals in our
community. The goal of the education program is to be a utilized as a first resource for animal welfare and to
teach humane treatment and respect for all animals.
An increasing number of schools, classes and youth group come to HSCO for presentations and tours. Many of
these visits incorporate community service projects of making things for the animals (cat toys, beds, scratchiig
posts, biscuits, etc) or volunteering their time.
HSCO's humane education program reaches public and private school, at -risk youth program, private and public
pre -K daycare programs, adult service groups, life skills program through public and private schools and Berd
Parks and Recreation programs.
2008
Humane
Education
School
Visits
Number
Reached
at School
visits
ages
2yrs -adult
Community
Service
project for
student
Includes
Presentation
Youth
Groups
(Campfire,
Girl /Boy
Scout, etc)
Includes
Presentation
Number
Reached in
Community
Service & Youth
Groups
Includes
Presentation
January 2008
5
90
25
0
189
February
8
226
29
1
221
March
6
260
28
0
189
April
4
220
30
3
352
May
June
5
113
26
0
189
6
200
28
6
423
July
6
284
33
2
73*
August
4
119
61
0
61*
September
October
1
31
0
0
0*
6
551
345
0
0*
November
6
188
133
4
85*
Birthday
Celebrations
with and for
the Animas
Includes
Presentation &
Tour
0
1
0
3
1
1
1
1
0
0
0
December
155
40
Humane Education Highlights:
• Headstart Program presentations
• Bend - LaPine Life Skills and Behavioral Programs regular presentations
• HSCO continued partnership with City of Bend on Heat Can Kill educational flyers
• Pet adoption Fair at Highland School
• St. Francis all school presentation and supply drive
• Oregon Youth Challenge Career Fair — 8th year
• Ms. Healy's 4th grade talent show and craft fundraiser -HSCO chosen beneficiary
• Youth Camps: Real Life Vacation Bible School, Trekkers NW Summer Camp, BMPRD Youth Camp, Discc.ver
Kids Summer Camp, Campfire Summer Camp.
c
HUMANE SOC I ETY
OF CENTRAL OREGON
Media and Outreach Promotions
Media Releases for 2008 = 46
www.hsco.org website exposure of media releases, events and campaigns
Humane Education and Adoption Campaigns:
• Unleash Your Love adoption promotion
• National Prevent a Litter month
• Spay Day USA
• Nip their Love in the Bud $20 Cat Neuter Campaign
• National Prevention of Animal Cruelty month
• Every Day is Tag Day
• Heat Can Kill
• Adopt a Shelter Cat Month
• Adopt a Shelter Dog Month
• Take Your Dog to Work Day
• Adopt a Senior Pet Month
• 12 Strays of Christmas
• Purebred Dogs in Shelter
Pet of the Week, Education or Adoption Media Spots:
• KTVZ every Friday 5:00 news
• KOHD Critter Connection 20+ times per week, new promo every month
• Good Morning Central Oregon every Thursday
• Bend Broadband Pets on Demand — free on- demand viewing, monthly updates
• The Bulletin Sunday ad
• The Bulletin Central OR Marketplace weekly 12 animal promotion
• The Nugget Newspaper - weekly
• The Frontier Newspaper — weekly
• WiseBuys Newspaper - weekly
• Cascade A & E monthly
• Cascade Business News bi- weekly
• Magic /MIX 100.7 every Monday
• The Peak 104.1 every Friday
• The Mt 99.7
• KBND 1110
• The Twins 98.3
• Clear 101.7
• Bend Weekly.com
• Blockbuster East & West
• Senior Times/Young at Heart
• Coffee News - weekly
Good Morning Central Oregon first Tuesday of month presentation
HUMANE SOCIETY
OF CENTRAL OREGON
Humane Society of Central Oregon Newsletter
• 10,000 distributed three times per year
• Subjects included:
o Humane Education and Outreach Programs available to community
o Adoption Options at shelter and at off -sites
o Thrift Store funds drive shelter operations
o Youth giving birthday gifts to homeless animals
o Youth group community service project (Camp Fire, Girl Scout, etc)
o Foster Home care program and cooperative community effort to save lives
o Fundraising by business and community groups
o High Profile Adoption updates
o Freekibble.com — youth feeds shelter animals across nation
o Volunteer talents make a difference in animals lives
o Events like Tuxes & Tails provide valuable funding
Media Highlights of 2008
• Bulletin Feature articles:
o U- Magazine House Cat tips
o Humane Education Program and photos of Chamberlain students volunteering
o Getting to Know You- pets and babies
• HSCO receives Humane Society of US $2,000 Foreclosure Grant :
o Local TV and articles regarding grant and issue
o High impact article on Pets and Foreclosures on www.consumeraffairs.com
• National & Regional Media coverage of HSCO (shelter and /or interview featured) and Freekibble.com:
o NBC Nightly News with Brian Williams
o Ellen DeGeneres
o People Magazine
o Scholastic Magazine
o The Oregonian
o The Bulletin U Magazine
KOHD Critter Connection PSA (30 seconds)
Every month the topic changes. Subjects include:
• Spaying and neutering pets to help reduce pet overpopulation, improve health & behavior
• Adoption promotions
• Fundraising events and donations
• Seasonal Tips:
o Heat prevention tips
o Disaster Preparedness
o Cold weather prevention tips
o Kittens Season and Nip Their Love in the Bud S/N program
o Fireworks and Thunder
o Recycle & Donate to HSCO Thrift Store
o Helping animals in our community through volunteerism
o Holiday safety tips
o ID & Licensing of pets for quick & safe return
o How to find a lost pet and what to do when you find one
o Exercise good for pets and people
May 1, 2009
EDUCATIONAL ACTIVITY REPORT 2008
To: Deschutes County Administrator and Commissioners
From: Chris Bauersfeld, Shelter manager
Humane Society of Redmond (HSR)
The Humane Society of Redmond experienced some very challenging issues during
the year of 2008. These issues, economic difficulties, loss of an executive director
and part of the Board of Directors, major staff changes and a restructuring of the
operations at the facility, created a climate that made it difficult to continue the
community educational and outreach activities as they had been done in the past.
Records for most of 2008, for community outreach, were not readily available for
this report. It was recorded that there was a Responsible Pet Ownership Program
that was put on by the humane society at John McCall Elementary School. The
executive director resigned in June of 2008 and the educational programs were put
on hold for the remainder of the year.
December of 2008 arrived and with it came new management, a new board, a
greatly pared down staff, and a bailout from Deschutes County. The new board and
shelter manager immediately went to work to re- establish ties to the community.
The humane society is committed to community outreach and community
education. Mt Bachelor Kennel Club hosted a K -9 Karnival for the benefit of the
humane society. The Karnival raised funds for the shelter through fun matches,
vendor sales and community participation. It was a very popular event and will be
an annual event. Evergreen school donated money to the shelter and the community
again showed support for the shelter at the Pappy's Pizza fundraiser. As 2008 came
to a close the staff, volunteers and board made a promise that community outreach
would be a major goal for 2009.
Community outreach has been the primary motivation behind various projects and
events that have occurred since the first of the year. Beginning in January of 2009,
HSR has hosted or sponsored the following fundraising, educational or outreach
type of events:
• Educational articles in the Redmond Spokesman
• Boys and Girls Club of Redmond field trip
• Boys and Girls Club of Terrebonne field trip
• Girls Scouts field trip
• Providing volunteer opportunities for the boys and girls at the Christian
Academy on a monthly basis
• Providing volunteer opportunities for the boys and girls at Brown High
School
• Educational program for Redmond Parks and Recreation
• Educational program for kindergartners at Vern Patrick School
• Educational program for children at Outside in Play Cafe
• Volunteer opportunities for members of the Key Club at Redmond High
School
• Monthly dog training classes for owners of newly adopted shelter animals
• Pappy's Pizza Dinner fundraiser
• Spayghetti Feed Fundraiser
• Dinner and auction at the Terrebonne Depot
• Easter festivities, mostly free of charge, for families in the community
• Educational program for school age children on responsible pet ownership -
in partnership with Mt Bachelor Kennel Club
• Fundraiser educational seminar and dinner for local veterinarians hosted by
Ft. Dodge Pharmaceuticals
• Good Stuff yard sale
• Vaccination clinic and pet adoption fair hosted by Ray's Foodplace
The Humane Society of Redmond has always promoted its support of spaying and
neutering of pets by only adopting out spayed or neutered animals. 2009 has
brought major economic difficulties for many people in Central Oregon and many
pet owners in our area can no longer afford to have their pets spayed or neutered.
HSR decided to start offering low cost spays and neuters to the general public in
March of this year. We feel that this is a significant effort at community outreach
and can also add income to the shelter's budget. The program started mid March.
To date, we have performed surgeries for the public on 12 days during March and
April. A total of 138 cats and dogs have been spayed or neutered and the program
has been well received by the public. We are now booking surgery appointments for
the months of May and June.
HSR is trying to make only healthy animals available for adoption. We began
testing all cats for FELV /FIV in January of this year. Cats who test positive for
either of these diseases can be contagious to other cats. It is also heartbreaking for
people who, after adopting one of these cats, find out that it has Feline Aids or
Feline Leukemia and that it could have health problems now or in the future. They
then have to make difficult decisions about the cats. This is not good public service.
We have also made concerted efforts to help animals with medical issues that could
be treated. By providing these life saving procedures we have turned the animal
into an adoptable pet that ends up in a loving home.
The board and staff are looking forward to several more fundraisers that are being
held during the rest of 2009. There is a jazz concert coming up, a barbecue and pet
fair, several adoption fairs being planned, another yard sale and an educational
seminar in October based on Tellington Touch methods of dog handling and
training. We are also looking forward to being the recipient of donations from the
Oregon Professional Purchasing group when they have their annual meeting at
Eagle Crest during the last week of May. We have been invited to come and make a
presentation to them about our shelter. They have designated us as the non - profit
organization that they will be donating to during their convention.
The Humane Society of Redmond is committed to providing excellent community
outreach through its educational programs, fundraisers and expanded veterinary
services. We feel that these efforts, throughout 2009, will provide a good basis for
re- establishing ties with the community and for re- building the humane society.
Respectfully submitted,
Chris Bauersfeld
Shelter manager
Humane Society of Redmond