HomeMy WebLinkAbout2009-10-05 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
MONDAY, OCTOBER 5, 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; Tom Blust, Road
Department; Tom Anderson and Will Groves, Community Development; and three
other citizens, including a representative of KOHD TV.
Chair Baney opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None were offered.
2. Before the Board was Consideration of Signature of Resolution No. 2009-
118, Declaring a Suspension on the Establishment of New County Roads.
Tom Blust said that since the 2006 Resolution limiting roads being taken in to
the County took effect, there have been changes to funding. This resolution
would continue the limitation, but the Board would have the ability to take in
collector roads, and local road improvement districts would be allowed but only
if the entity takes over the maintenance of those roads.
Commissioner Unger said that there are new funding sources but they are not
available yet, so maintenance expenses are an issue. Mr. Blust stated that the
five -year projection for revenue and expenditures includes timber payments
which will go down and expire in four years. The gas revenue side depends on
fee increases and when they take effect. Overall revenues look better but there
is still not enough funding to fully handle the current annual maintenance and
preservation projects.
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 1 of 6 Pages
Commissioner Unger asked what it would take to get back to where there are
roads brought up to County standards and be accepted by the County. Mr.
Blust stated that something would have to replace the forest revenues at their
previous levels. There is a $2 million or more shortfall at this point, and this
number will continue to increase. The gas tax increases do not make up for
inflationary impacts, either.
Chair Baney asked how roads going into the cities and UGB's affect this. Mr.
Blust said that there will not be a huge amount of miles being taken in, so this
impact is minimal Commissioner Luke said that ODOT also needs more local
dollars for the local ODOT projects.
Commissioner Unger stated that perhaps there should be more participation
with local road districts. Mr. Blust said that they previously did analyze at
length at 10 or 12 possible funding sources, when it appeared the timber
funding was in jeopardy. Commissioner Luke added that most road districts do
not have funding to do much more than snow removal and certainly cannot help
the County.
Bob Dryden, past president of the Beaver Road District, said he worked with
the County Road Department to get the first local improvement district in place,
which was a big undertaking. He was led to believe the maintenance would be
handled. Out of all the funding distributed in the past, they did not get
anything. Last winter there was a proposal to take over 12 or 14 miles of roads
of local improvement districts, and this failed except for .6 miles. There is
funding for five more years. He would like the County to take over 2.4 miles of
Foster Road.
He also wanted to know why the road districts are not specifically notified to
attend work sessions when road districts will be discussed. He would like to
see more cooperation. There was an article in the paper regarding the County
doing work on private roads, and there was no retraction printed. The County
now wants to adopt this change. He feels that their road will never get taken
over at this rate.
He talked about the traffic, specifically trucks, large SUV's and vans using the
road, and does not see other modes of transportation having a big impact on this
use for 15 years.
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 2 of 6 Pages
He added that Foster Road is an unmaintained collector road. Oregon Water
Wonderland II went in, and the County took it over. Foster Road has access to
the Deschutes River and the National Forest. All the work being done on
Highway 97 impacts Huntington and other roads. They paid for 2.2 miles of
improvements, and other people use it. They have to take their money and put
it in to reserves for top coating and other things that the County won't have
money for. He understands they need to maintain it, but the County seems to
have money for this type of thing.
Mr. Blust stated that for the most part the road goes across BLM and USFS
land. They require a public road right of way but don't participate. He added
that 2.2 miles are paved but there is another 1.2 miles that needs to be done.
Commissioner Unger said that it is not an arterial but a collector. The County
has to focus on the arterials. It is hard to know how much is through traffic and
what is local.
Mr. Dryden would like to see the County pave the rest of the road to keep the
dust down. The new Resolution is prolonging the problem until who knows
when.
Chair Baney said that because it is a collector, it is important to clarify it is
unique and perhaps this should be addressed with the Road Department again.
Commissioner Luke stated that is not a collector now, but a future collector.
Mr. Blust said that the current transportation system plan references it as a
dashed line, a future collector. It is really not defined as to what that means.
When it is fully built to collector standards it would be considered one.
Mr. Dryden explained that it needs to stay on collector standards, which is why
the local residents wanted it built to County standards. Chair Baney said the
new resolution allows for this kind of discussion to occur and to allow some
flexibility. The current resolution does not include this.
Charlie Jones, new president of Beaver Special Road District, said that while
the County believes it is a future collector, it is currently acting as a collector.
There are 96 lots there and a lot of others that are not in the district use the road
regularly. It was built and maintained to County standards with the hope that
the County would take it over.
Commissioner Unger noted that this has been a big concern, as funding is
lacking and it could get worse. They are trying to figure out other opportunities
to locate this funding.
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 3 of 6 Pages
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
3. Before the Board was Consideration of Signature of Order No. 2009 -061,
upon a Decision of Whether to Hear an Appeal of the Hearings Officer's
Decision Reversing the Planning Division's Decision to Issue a Land Use
Compatibility Statement and a Permit to Remodel the Dowell's Existing
Dwelling on the Subject Property (Files #A -07 -9, A -09 -4 and A- 09 -5).
Will Groves gave an overview of the item and clarified what information the
Board wanted from the record. There were two concerns. The first matter
was whether written transcripts from the 2002 Kuhn v. Dowell case should be
allowed into this record.
Commissioner Luke said that the letter from Pamela Hardie, attorney for the
Kuhns, references conversations between George Read and Tom Anderson. He
asked if this was part of the court case or a conversation not on the official
record.
Mark Pilliod explained that he assumes they must have testified during court
proceedings, which is part of the record. The parties would have to provide a
certified transcript. The Board indicated it would allow for any written
documents that were offered as exhibits. He said that Ms. Hardie must have
been providing an example of what she believes might be helpful.
Commissioner Luke stated that the letter requests that oral testimony be
allowed. Chair Baney clarified that she feels that she thinks the attorney wants
transcriptions of testimony to be allowed.
Commissioner Unger said he wants as much testimony as is needed to be able
to give a full decision and move this forward. He feels that LUBA and others
do not seem to have enough information to help. He would like to see the
Board make a decision to help the State in its decision - making.
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 4 of 6 Pages
Mr. Pilliod stated he provided two versions of the Order, and asked the
attorneys involved to offer anything that might be helpful. Ms. Hardie
submitted a letter and Mr. Lovlien attended the Board meeting. The Board is
simply adopting an order to clarify whether to hear the appeals; and whether to
allow the submission of a transcript from the previous case. He feels that if it is
reduced to a written form, this seems to be the Board's preference.
Commissioner Unger said that he supports receiving relevant oral testimony.
Commissioner Luke asked if anyone can submit written testimony on this
hearing. Mr. Pilliod stated that it is limited de novo. If someone was part of the
original hearing, they could participate. Mr. Groves said that he does not
believe there were other parties involved.
Commissioner Luke asked if the timing needed for the certified transcript is a
problem for the parties. Mr. Pilliod said that there are some difficulties per Ms.
Hardie regarding the suggested dates. Mr. Groves said that there are significant
differences in what Ms. Hardie and Mr. Lovlien want as far as the dates are
concerned.
The Board felt that the dates suggested by Ms. Hardie are acceptable. They will
accept the transcripts if submitted as follows:
• Written evidence is to be submitted no later than October 21, 2009.
• Evidence offered in rebuttal to the written evidence will be submitted no
later than October 30, 2009
• Witten legal arguments from the parties will be submitted no later than
November 6, 2009.
• All documents are to be submitted by 5:00 p.m. on the specified dates.
• Oral argument and rebuttal argument will not be allowed.
The Board will address the final version of the Resolution at the afternoon work
session.
Chair Baney had not had a chance to review the minutes, so they will be on the
agenda for October 14.
Consent Agenda Items
4. Signature of Minutes of Meetings:
• Work Sessions: September 28 and 30
• Business Meetings: September 28 and 30
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 5 of 6 Pages
The weekly accounts payable numbers for this week were not available, so they will
be considered as part of the October 14 agenda.
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
5. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9 -1 -1 County Service District.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4 -H
COUNTY SERVICE DISTRICT
6. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension /4 -H County Service District.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County.
8. Before the Board was Consideration of Additions to the Agenda.
None were offered.
Being no further items addressed, the meeting adjourned at 11:15 a.m.
DATED this 5th Day of October 2009 for tie Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
C/�-
Alan Unger, Commissioner
Minutes of the Board of Commissioners' Business Meeting Monday, October 5, 2009
Page 6 of 6 Pages
E
-kC Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
0
BUSINESS MEETING AGENDA
DESCHLTTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, OCTOBER 5, 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. CONSIDERATION of Signature of Resolution No. 2009 -118, Declaring a
Suspension on the Establishment of New County Roads — Tom Blust, Road
Department
3. CONSIDERATION of Signature of Order No. 2009 -061, upon a Decision of
Whether to Hear an Appeal of the Hearings Officer's Decision Reversing the
Planning Division's Decision to Issue a Land Use Compatibility Statement and
a Permit to Remodel the Dowell's Existing Dwelling on the Subject Property
(Files #A -07 -9, A -09 -4 and A -09 -5) — Will Groves, Community Development
CONSENT AGENDA
4. Signature of Minutes of Meetings:
• Work Sessions: September 28 and 30
• Business Meetings: September 28 and 30
Board of Commissioners' Business Meeting Agenda Monday, October 5, 2009
Page 1 of 6 Pages
CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE
DISTRICT
5. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9 -1 -1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4 -H
COUNTY SERVICE DISTRICT
6. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4 -H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
8. 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.)
Monday, October 5
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, October 5, 2009
Page 2 of 6 Pages
Wednesday, October 7
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, October 12
5:30 p.m. Upper Deschutes Watershed Council Meeting
Wednesday, October 14
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 15
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Monday, October 19
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 21
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 22
8:00 a.m. Annual Meeting with the Sunriver Service District Board, at Sunriver
5:30 p.m. Bend Park & Recreation District Office Open House — 799 SW Columbia Ave.
Monday, October 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 28
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, October 5, 2009
Page 3 of 6 Pages
Monday, November 2
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, November 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, November 9
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting with Department Directors
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, November 11
Most County Offices will be closed to observe Veterans' Day.
Thursday, November 12
7:00 a.m. Regular Meeting with the City of Redmond Council — Redmond City Hall
3:00 p.m. COACT Meeting, Redmond
November 15 through 20
Annual Association of Oregon Counties' Conference — Portland
Thursday, November 26
Most County Offices will be closed to observe Thanksgiving
Friday, November 27
Most County Offices will be closed to observe Thanksgiving (unpaid day off)
Board of Commissioners' Business Meeting Agenda Monday, October 5, 2009
Page 4 of 6 Pages
Monday, November 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, December 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, December 3
10:00 a.m. Regular Update with District Attorney
11:00 a.m. Regular Update with Community Development
12:00 noon Meeting of Full Audit Committee
3:00 p.m. Regular Meeting with Road Department
4:00 p.m. Regular Meeting with Solid Waste Department
Monday, December 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. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, December 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, December 10
11:00 a.m. Regular Update with Health and Human Services
Wednesday, December 16
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, December 17
10:00 a.m. Regular Update with Community Justice
Board of Commissioners' Business Meeting Agenda Monday, October 5, 2009
Page 5 of 6 Pages
Thursday, December 24
Most County Offices will be closed to observe Christmas (unpaid day ofd
Friday, December 25
Most County Offices will be closed to observe Christmas
Thursday, December 31
Most County Offices will be closed to observe New Years (unpaid day ofJ)
Friday, January 1
Most County Offices will be closed to observe New Years
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY.
Please call (541) 388 -6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, October 5, 2009
Page 6 of 6 Pages
BOARD OF COMMISSIONERS' MEETING
Agenda Item of Interest:
Name re, 61,
Address
REQUEST TO SPEAK
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Date:
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Phone #s
E -mail address
In Favor
Neutral /Undecided
2.' Opposed
Submitting written documents as part of testimony? Yes o
If so, please give a copy to the Recording Secretary for the record.
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: Date:
Name
l
Address ot
3uuw wiX.l
Phone #s
E -mail address
In Favor
Neutral /Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
No
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Printed: October 5, 2 )09
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is'. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy In the digital
data or the underlying records. There are no warranties, express or
implied. Including the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any arras will be appreciated.
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PAMELA HARDY
October 1, 2009
Will Groves
Deschutes County
Community Development Department
117 NW Lafayette Ave
Bend, OR 97701
Re: Kuhn v. Dowell, Appeal Nos. A 09 -4 and A09 -5
Dear Will,
Attorney at Law
1629 NW Fresno Ave.
Bend, OR 97701
(541) 550 -7968
pam @pamhardy.com
Enclosed is my letter to the Board of Commissioners regarding why they should leave the
record open for additional documents and transcripts of written testimony from the 2003 Kuhn
v. Dowell trial through at least October 21, and require briefing on the matter 14 days later on
November 6.
Please enter a copy of this into the record, and make sure that a copy of it is presented to the
Board before their October 5 deliberations.
Please feel free to cal] if there are any questions.
CC: Bob Lovlien
Mark Pilliod
Bill Kuhn
cc: Tammy Baney
Dennis Luke
Alan Unger
10/2/09
Best Regar
C�-
Pam . ardy
PAMELA HARDY
October 1, 2009
Deschutes County Board of Commissioners
Deschutes County
1300 NW Wall Street
Bend OR 97701
Re: Kuhn v. Dowell, Appeal Nos. A 09 -4 and A09 -5
Dear Commissioners,
Attorney at Law
1629 NW Fresno Ave.
Bend, OR 97701
(541) 550 -7968
pam @pamhardy.com
Cut) •;:i
I am writing today to recommend that the Board leave the record open for additional
documents and transcripts of written testimony from the 2003 Kuhn v. Dowell trial through at
least October 21, and that briefing on the matter be due 14 days later on November 6. This
request is not for the purpose of delay. My client has no interest in delay. It is for the purpose
of allowing me the time to adequately review the matters considered at that trial, and to present
the best, most succinct arguments to the Board.
Contrary to Mr. Lovlien's implication, I am not requesting this slightly longer time because of a
wish to "retry the civil court case ". Rather I am requesting the longer time frame for two
specific and distinct reasons. The first is that in order to familiarize myself with the matter I
will be required to spend considerably more time listening to the recording of the trial, and
reviewing the documents at the Circuit Court. This will take me considerably longer than Mr.
Lovlien because, unlike Mr. Lovlien, my firm did not represent the Kuhns at the time of that
2002 trial. Hence, I do not have the benefit of any recollection of the trial, or in house notes, or
even documents relating to the trial. Virtually every document I will get to see relating to that
trial I will have to get from the Court's records.
The second reason for the request for more time is that I will be out of town for a substantial
portion of the time between now and October 7. I have long standing plans to travel out of state
to see my family between September 30, and October 4. On October 6 I have oral arguments
before the Court of Appeals on another matter. Mr. Lovlien's firm also happens to be my
opposing counsel in that matter. That would give me less than one day to review two days
worth of audio tapes from the trial, and review 173 pages of submissions.
If I have adequate time to listen carefully to the tapes of the 2002 trial I will be able to determine
which small sections are actually relevant to the matter at hand. I will also be able to more
accurately answer any questions the Board may have about that trial. In short, the better I am
able to prepare, the fewer documents I will need to ask the Board to look at in order to
cc: Tammy Baney
Dennis Luke
Alan Unger
10/2/09
Page 2 of 2
October 1, 2009
understand what happened at that trial. If I have an extra week to prepare I will be able to
make your job considerably less time consuming.
On the other hand, if I am required to submit documents from the trial without the benefit of
enough time to review them, I will feel compelled, in the interest of my client, to ask you to
receive a many documents that may actually be irrelevant to the matter at hand. I would have
to do this solely out of an abundance of caution — ensuring that every document on which I
might want to rely has been submitted. I do not wish to snow the Board under paperwork, or
to make this very long record, even longer. However, I cannot risk my client's interests by
choosing not to submit potentially relevant documents that I have not yet reviewed.
The Transcript of Oral Proceedings Should be Admitted
I ask that you receive parts of the transcript of the trial because it was in those oral arguments
that each of the exhibits in that matter were indentified, and entered into the record. Further, it
appears that the judge's decision was based, at least in part, on the oral assertions of the County
employees Mr. George Read, and Mr. Rick Isham. Because the County was not a party to that
trial, the County did not submit any briefing on the matter (that I have found in the record to
date). Rather, the great majority of their contribution was in the form of oral assertions that are
not otherwise recorded. As such, at least parts of their testimony should be admissible in the
matter before the Board.
If transcripts of the oral proceedings are excluded it could be construed as an abuse of
discretion to choose to disallow potentially relevant evidence. That would be especially true if
it turns out that there is relevant evidence in the oral proceedings that simply exists nowhere
else in the record.
Perhaps if the Board wanted to pose a more specific question about what it wants to know
about the 2002 trial, the number of documents submitted can be limited even further.
For these reasons I respectfully request that the Board specifically allow transcripts of the oral
testimony in the 2002 trial be submitted. I also request that the Board leave the record open for
new submissions until October 21, rebuttle submissions due by October 30, and final legal
arguments due by November 6.
Pam Hardy
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