HomeMy WebLinkAbout2008-06-09 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, JUNE 9, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy
Melton. Also present were Dave Kanner, County Administrator; Mark Pilliod,
Steve Griffin, Chris Bell and Laurie Craghead, Legal Counsel; Tom Anderson and
Catherine Morrow, Community Development Department; and three other
citizens. No representatives of the media were in attendance.
Chair Luke opened the meeting and 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Order No. 2008 -056,
Declaring the Decisions of Hearings Officers to be the Final Decision of the
County in Ballot Measure 49 Common Law Vested Rights Cases.
Dave Kanner stated that the Board's direction was to forward two specific cases
to the Courts, not to forward all of them. Perhaps a discussion should occur as
to whether to forward all of them at this point.
Commissioner Luke stated that the Board has the option of not forwarding
certain ones, so he is not concerned.
Commissioner Daly said that he won't support this idea. He was told that it
would be quicker and less costly to the applicants to send these to the courts,
but he does not agree with the concept of the Hearings Officer's decision being
the final decision of the County.
Minutes of Board of Commissioners' Business Meeting Monday, June 9, 2008
Page 1 of 5 Pages
Steve Griffin stated that this language was suggested since there was concern
about streamlining the process. It is the consensus of Legal Counsel that most
of these cases will end up in the courts one way or the other. Because there are
perhaps eight more pending cases, the Board could issue a standing order to
save some time and resources in these appeals.
Commissioner Luke asked if the Hearings Officer makes a decision and it is
appealed to the Board, what is the cost. Tom Anderson said he is not exactly sure
but thinks it costs about $1,200 to $1,400 for such an appeal. Mr. Griffin added
that if an attorney is involved, there would be legal costs for the party as well.
Commissioner Daly asked if the Board did hear some of these and did not agree
with the Hearings Officer, whether it could be appealed again. Mr. Griffin
stated that either party can appeal it at an additional cost. DLCD has indicated
it is interested in having these go to Circuit Court. The applicant or appellant
picks up the cost of having these heard again. Mr. Griffin stated that the general
rule is that each party will bear its own costs for any appeals, but the filing fee
in Circuit Court is only about $200.
Mark Pilliod added that filing the action is relatively minor when comparing the
cost of attorney fees. The County issues the decision and is responsible for
assembling the documents. After that point the County would decide whether
to participate in the decision, although DLCD may want to participate and file
the appropriate documents. If the Board had a hearing and made a decision
different than that of the Hearings Officer, the appellant or the applicant can
appeal. Skipping the process in front of the Board will save the applicant
around $1,400.
Commissioner Luke asked if the applicant can wait to file in the courts, to see
what happens with similar cases. Mr. Pilliod said that if the person feels that
the decision of the Hearings Officer or Board is incorrect, they should file to
protect their rights.
Commissioner Melton asked if the two that were denied received a refund of
any of the fee charged to them. Mr. Anderson said that they would typically get
about 75% of the cost refunded. Commissioner Melton stated that she would
like the opportunity to review any upcoming case.
Mr. Pilliod said that the resolution provides that opportunity and the decisions
would be distributed to the Board to review. An applicant would then not incur
any expense, and the Board could call up the case if desired, with no cost to the
applicant.
Minutes of Board of Commissioners' Business Meeting Monday, June 9, 2008
Page 2 of 5 Pages
Dave Kanner added that the law firm representing many of these applicants has
indicated they prefer the cases go directly to court.
Commissioner Melton asked if these could be reviewed in a work session
environment so a decision can be made as to whether to hear any of them. She
is concerned that the two recently denied still had to pay something and feels
that perhaps this is not fair.
Mr. Anderson said that the process in the past has been to send a copy to the
Board for review. However, it can be sent to the Board via e -mail as well.
Also, the reason only 75% of the cost was refunded since there was staff time
involved up to that point. Commissioner Melton wants to be fair to all parties.
Commissioner Daly still feels that he will not support this resolution due to the
wording about the Hearings Officer having the final decision in these cases.
Commissioner Luke said this makes it cheaper and easier for the applicant to go
directly to the courts, but perhaps the applicant can be advised that the Board
can call it up on its own.
Commissioner Melton stated that she likes the idea that it will not make sense
for most of them to come to the Board. The applicants have the right to know
that the Board has looked at them, however. She likes the idea of calling them
up since it will save money for the applicant. She asked if there is a way to
state this in the document. Also, if these could be brought to the work session
for discussion, it might save some time and money.
Mr. Pilliod said that it could be written to make it clear to the applicant or other
participants that the Board does receive copies of the decision and can take the
matter up on its own.
Commissioner Luke said that there are not two votes on this today as written.
Commissioner Melton added that she thinks applicants will want to know if the
Board is willing to call it up, to save them some money. Commissioner Daly
said that some individuals may be forced to tear down structures due to this
situation; it does not just involve proposed subdivisions.
Mr. Pilliod said that if the resolution is not adopted and they go directly to
Court, they would be seen as not taking certain steps. Commissioner Melton
reminded the Commissioners that there is a fee attached to appealing to the
Board. Commissioner Daly said that sometimes there is no time for the
applicant to appeal.
Minutes of Board of Commissioners' Business Meeting Monday, June 9, 2008
Page 3 of 5 Pages
He said he is familiar with these types of documents since he has a claim
himself; however, his property is in Jefferson County. This fact does not hinder
his ability to be objective.
Staff will make some changes to the document and will ask for it to be
discussed in a work session.
3. Before the Board was a Continuation of a Hearing and Consideration of
Signature of Order No. 2008 -044, Approving the Thornburgh Resort
Annexation into Deschutes County Rural Fire Protection District #1.
Laurie Craghead stated that the Redmond Fire District; Chief Moore wants to
be able to discuss this matter with his Board and they do not meet until June 11.
Commissioner Luke said that Chief Moore called him and they discussed this
issue.
Ms. Craghead stated that the petitioner's legal counsel is present to discuss Barr
Road and emergency access issues.
Randy Moore stated he has gathered information on Barr Road. The concern
was whether Barr Road would be used for emergency egress; they do not plan
to use it. The only other issue was the need for a letter from Chief Moore, who
has said that he won't change his position and will reaffirm his prior approval
of the annexation. Mr. Dewey's concerns were based on statute that is not
applicable in this situation.
Ms. Craghead said that the final master plan goes before the Hearings Officer
on June 17, and this will be a condition of approval.
Commissioner Luke stated that this could potentially involve a lot of homes and
he wants to see a letter from the District confirming that they are able to handle
it.
Commissioner Daly asked about the Barr Road issue. Mr. Moore replied that
there is a map required for the process that describes the boundaries of the
annexation. Ms. Craghead said that because it was on the map, the appellant
assumed that it would be used as access. Commissioner Melton asked that this
be further clarified.
Commissioner Luke disclosed that he has worked with John Jackson on Project
Wildfire and has known him for a long time.
Minutes of Board of Commissioners' Business Meeting Monday, June 9, 2008
Page 4 of 5 Pages
John Jackson said that he is retired from the Department of Forestry and is now
a consultant for Thornburgh. The detailed evacuation plan shows a route to be
developed late in the process to cross Barr Road, to connect it with private
property. This does not imply that Barr Road would be used for any access. It
is important to have as many options as possible.
MELTON: Move that this be continued to the Board business meeting
scheduled at 10 a.m. on June 16.
DALY: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board were Additions to the Agenda.
None were offered.
Being no further items to come before the Board, the meeting adjourned at
11:00 a.m.
DATED this 9th Day of June 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
(4-7/1,(4,„(L1,74.,
Recording Secretary
Dennis R. Luke, Chair
Tammy Baney, V ai
Michael M. Daly, Com - issioner
Minutes of Board of Commissioners' Business Meeting Monday, June 9, 200
Page 5 of 5 Pages
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, JUNE 9, 2008
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 Order No. 2008 -056, Declaring the
Decisions of Hearings Officers to be the Final Decision of the County in Ballot
Measure 49 Common Law Vested Rights Cases — Legal Counsel
3. CONSIDERATION of Signature of Order No. 2008 -044, Approving the
Thornburgh Resort Annexation into Deschutes County Rural Fire Protection
District #1 — Laurie Craghead, Legal Counsel
4. 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.
Board of Commissioners' Business Meeting Agenda Monday, June 9, 2001,
Page 1 of 7 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, June 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 11, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 12, 2008
9:00 a.m. Quarterly Update — Mental Health Department
10:00 a.m. Quarterly Update — Health Department
11:00 a.m. Quarterly Update — Road Department
Monday, June 16, 2008
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, June 17, 2008
8:00 a.m. Discussion of Public Safety Continuum — Ken Hales, Community Justice; Sheriff Larry
Blanton; District Attorney Mike Dugan; Board of Commissioners & County
Administrator
Wednesday, June 18, 2008
10:30 a.m. Oregon Youth Challenge Graduation Ceremony
2:30 p.m. Administrative Work Session — could include executive session(s) — please note later time
Thursday, June 19, 2008
7:00 a.m. Bend Chamber of Commerce Legislative Policy Council Meeting
10:00 a.m. Quarterly Update — Juvenile Community Justice
11:00 a.m. Quarterly Update — Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, June 9, 2003
Page 2 of 7 Pages
Monday, June 23, 2008
10:00 a.m. Board of Commissioners' Meeting — Includes Budget Hearings, and Adoption of
Fees and Budget
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 26, 2008
9:00 a.m. Quarterly Update — Fair & Expo Center
11:00 a.m. Quarterly Update — Commission on Children & Families
Monday, June 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
5:00 p.m. (Tentative) Joint Meeting with the City of La Pine Council, in La Pine
Wednesday, July 2, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 3, 2008
8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters
Friday, July 4, 2008
Most County offices will be closed to observe the July 4`h Holiday
Monday, July 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Board of Commissioners' Business Meeting Agenda Monday, June 9, 200
Page 3 of 7 Pages
Tuesday, July 8, 2008
11:00 a.m. Commission on Children & Families' Interviews
Wednesday, July 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 10, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
12:00 noon Audit Committee Meeting
Wednesday, July 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, July 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, July 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, June 9, 200t;
Page 4 of 7 Pages
Monday, August 4, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, August 6, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 13, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 18, 2008
10:00 a.m. Board of Commissioners' Meeting
12 noon Regular Meeting of Board of Commissioners and Department Directors
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 20, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, August 25, 2008
10 :00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, August 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, September 1, 2008
Most County offices will be closed to observe the Labor Day Holiday
Board of Commissioners' Business Meeting Agenda Monday, June 9, 2008
Page 5 of 7 Pages
Wednesday, September 3, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 4, 2008
10:00 a.m. Quarterly Meeting with District Attorney
11:00 a.m. Quarterly Meeting with Community Development Department
1:30 p.m. Quarterly Meeting with the Road Department
Monday, September 8, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, September 10, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 11, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
11:00 a.m. Quarterly Meeting with Mental Health Department
1:00 p.m. Quarterly Meeting with Health Department
Wednesday, September 15, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 17, 2008
8:00 a.m. Public Affairs Counsel Conference Call — Legislative Update
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, June 9, 200E
Page 6 of 7 Pages
Thursday, September 18, 2008
9:00 a.m. Semi - annual Meeting with the County Clerk
10:00 a.m. Quarterly Meeting with Community Justice
Monday, September 22, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, September 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, September 25, 2008
9:00 a.m. Quarterly Meeting with Fair & Expo Center
10:00 a.m. Semi - annual Meeting with Assessor
11:00 a.m. Quarterly Meeting with Commission on Children & Families
Monday, September 29, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, October 1, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, October 2, 2008
9:00 a.m. Regular Bi- monthly Meeting with Congressional Staff
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, June 9, 2008
Page 7 of 7 Pages