HomeMy WebLinkAbout2008-07-07 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, JULY 7, 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 Anthony Raguine, Will Groves, George Read and Chris
Bedsaul; Laurie Craghead and Mark Pilliod, Legal Counsel; and two other
citizens. No representatives of the media were present.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Whether to Hear an Appeal ( #A-
08-11) of the Hearings Officer's Decision in a Measure 49 Vested Right
Determination (File #DR -08 -2; Appellant: David Hurtley).
Anthony Raguine gave a brief overview of the item, which concerns a five -lot
subdivision. The appellants would like a partial de novo hearing.
Commissioner Daly expressed concern about the claim of improper ex parte
contact by staff with the Hearings Officer. Mr. Raguine has not seen any
documentation in this regard. Commissioner Daly asked that the attorney be
requested to produce this information. Laurie Craghead said that staff often
works with the Hearings Officer. Mark Pilliod stated that he does not believe
there was improper conduct in any of the cases. By asking for this information
it could draw the Commissioners into a de novo hearing. The appellant can
always bring the issue up at the Circuit Court level.
Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2008
Page 1 of 4 Pages
Commissioner Luke stated that he cannot support hearing this now.
MELTON: Move that the Board not hear this appeal.
LUKE: Second.
VOTE: MELTON: Yes.
DALY: No. (Split vote.)
LUKE: Chair votes yes.
An Order will be prepared in this regard. See comments under Item #6, below.
3. Before the Board was Consideration of Signature of Order No. 2008 -066,
Accepting or Rejecting Review of the Hearings Officer's Denial of a
Common Law Vested Right (File #DR- 07 -11) regarding a Measure 37
Claim (Applicant: Olaf and Jannis Bolken).
Chris Bedsaul asked that a decision be made on Wednesday; today would just
be a discussion. They were in the transition of Measure 37 when Measure 49
came into effect, forcing them into another hearing process through a
declaratory ruling. The Hearings Officer denied the vested rights interest since
improvements to the subdivisions were not substantial enough, even though
most of these improvements were financial in nature.
Commissioner Daly stated that he has known Bolkens for many years. He feels
that it is unfair to citizens when something can be approved by one Hearings
Officer but denied by another.
Commissioner Melton noted that the difficulty lies in the Measure 37 ended up
moving into Measure 49, and it is frustrating. This is another case that may end
up at a higher court.
MELTON: Move approval of Order No. 2008 -066, denying the appeal.
LUKE: Second.
VOTE: MELTON: Yes.
DALY: No. (Split vote.)
LUKE: Chair votes yes.
See comments under Item #6, below.
Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2008
Page 2 of 4 Pages
4. Before the Board was Consideration of Whether to Hear an Appeal ( #A-
08-12) of the Hearings Officer's Decision in a Measure 49 Vested Right
Determination (File # DR- 07 -13; Appellant: Hannan).
Ruth Herzer gave an overview of the case The Hearings Officer felt the 1:50
ratio did not qualify for a vested rights.
MELTON: Move that the Board not hear this appeal.
LUKE: Second.
VOTE: MELTON: Yes.
DALY: No. (Split vote.)
LUKE: Chair votes yes.
An Order will be prepared in this regard. See comments under Item #6, below.
5. Before the Board was Consideration of Signature of Document No. 2008 -390,
Findings and Decision Denying a Non -Farm Dwelling on a Parcel in the
Exclusive Farm Use Zone (File #CU -07 -93 and #A -08 -4; Appellant: Nash).
Will Groves presented a short findings /decision document on this issue.
Commissioner Daly said that this decision is against his better judgment.
MELTON: Move approval.
LUKE: Second.
VOTE: MELTON: Yes.
DALY: Yes.
LUKE: Chair votes yes.
6. ADDITIONS TO THE AGENDA
Commissioner Luke stated to George Read and others that he appreciates the
work that has been done and still being done in the south County area.
At this time, attorney Ed Fitch told the Board he is frustrated with the process in
general regarding requests for appeal. He was hoping not to take these cases to
court, and to pay a fee to bring this before the Board just to get a denial. He
stated that at the Board at one time considered a standing order to not hear these
to save the appellants some time and money.
Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2008
Page 3 of 4 Pages
Mr. Pilliod said that this was discussed but the Board chose not to adopt the
standing order at that time. He did not recall the reasons.
Commissioner Daly agreed; and said that if they are all going to end up in
Court, there is no reason to have people endure the cost and time delay in this
regard. Mr. Pilliod said the standing order would be the rule but the Board
could hear one if desired. The Hearings Officers seem to be using the June 15
date on all decisions.
Tom Anderson: agree with this concept and thought it could be handled in this
fashion. He would confer with Legal Counsel on specific cases.
Commissioner Luke agreed that he does not have a problem with a standing
order, with the right to review if merited. The Commissioners concurred that
the Order should be on the Wednesday business meeting agenda.
Being no further discussion, the meeting adjourned at 10:45 a.m.
DATED this 7th Day of July 2008 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
R. Luke, Chair
Tammy (Baney
lton, Vice Chair
ael M. Daly ' ommissioner
Minutes of Board of Commissioners' Business Meeting Monday, July 7, 2008
Page 4 of 4 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
DESCHLTTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, JULY 7, 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 Whether to Hear an Appeal ( #A- 08 -11) of the
Hearings Officer's Decision in a Measure 49 Vested Right Determination (File
#DR -08 -2, Appellant: David Hurtley) — Anthony Raguine, Community
Development
3. CONSIDERATION of Signature of Order No. 208 -066, Accepting or
Rejecting Review of the Hearings Officer's Denial of a Common Law Vested
Right (File #DR- 07 -11) regarding a Measure 37 Claim (Applicant: Olaf and
Jannis Bolken) — Chris Bedsaul, Community Development Department
4. CONSIDERATION of Whether to Hear an Appeal ( #A- 08 -12) of the
Hearings Officer's Decision in a Measure 49 Vested Right Determination (File
# DR- 07 -13; Appellant: Hannan) — Ruth Herzer, Community Development
Department
5. CONSIDERATION of Signature of Document No. 2008 -390, Findings and
Decision Denying a Non -Farm Dwelling on a Parcel in the Exclusive Farm Use
Zone (File #CU -07 -93 and #A -08 -4; Appellant: Nash) — Will Groves,
Community Development Department
Board of Commissioners' Business Meeting Agenda Monday, July 7, 2008
Page 1 of 6 Pages
6. 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, 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)
5:30 p.m. Public Hearing to Consider Adoption of the Local Rule Ordinance — South Deschutes
County
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
12:00 noon Audit Committee Meeting
Wednesday, July 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, July 7, 2008
Page 2 of 6 Pages
Thursday, July 17, 2008
2:00 p.m. Joint Meeting of Commissioners and Fair Board, at Fair/Expo Center
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)
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)
Board of Commissioners' Business Meeting Agenda Monday, July 7, 2008
Page 3 of 6 Pages
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
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
Board of Commissioners' Business Meeting Agenda Monday, July 7, 2008
Page 4 of 6 Pages
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)
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)
Board of Commissioners' Business Meeting Agenda Monday, July 7, 2008
Page 5 of 6 Pages
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, July 7, 2008
Page 6 of 6 Pages