1995-11489-Minutes for Meeting July 18,1984 Recorded 7/24/19849"11489
DESCHUTES COUNTY BOARD OF COMMISSIONERS
JULY 18, 1984 REGULAR MEETING MINUTES
Chairman Young called the meeting to order at 10' OOti,E1,1
Commissioner Prante was present; Commissioner Tuttle was absent.
Amendments to Chairman Young read aloud the amendments to the
the Agenda Agenda. There were no changes or additions.
Appeal of
Chairman Young explained that this appeal is in
the Planning
regard to whether or not the subject property is
Division's
a legal lot.
Decision to
not issue
James Slater explained that he had purchased the
a permit
20 acre lot in 1978, and since that time the lot has
for James
been declared an illegal lot because it is in an
Slater
agricultural zone with a 40 acre minimum. Mr. Slater
continued that the land is all he has and when he
purchased it he had no reason to believe that it was
not a legal lot. Mr. Slater said that in 1972 the
property was surveyed, staked, and right of ways were
established before anything was changed.
Lin Bernhardt, Planning Staff, explained that she had
written a letter to Mr. Omer Summers, subdivider of
the property, in 1972 because Legal Counsel had
advised her that it could not be considered a legal
lot. Ms. Bernhardt continued that the problem with
this property occured in 1977 after the adoption of
the subdivision partition ordinance, which requires
any partitioning go through the subdivision process.
None of the land subdivided by Mr. Summers in this
area has done so. Ms. Bernhard said in order for the
lot to be considered legal, there must be a legal
interest in the property prior to 1977. Ms. Bernhardt
mentioned that she had asked Mr. Slater to look into
the subdividing of the property to see if this lot was
created as a isolated lot because of the division of
other property, but never heard back.
Mr. Slater stated that he didn't feel that the area in
question should be zoned agricultural with a 40 acre
K pU CHED minimum because it would take 5,000 acres to graze 100
cattle.
APR 121995
Commissioner Prante stated that she would like to
gather additional information on the situation of the
other lots to see if it is surrounded and will stay an
illegal lot.
MEETING MINUTES - PAGE 1
Y
Mr. Isham stated that the Board of Commissioners is
vested with the authority of interpreting the
ordinances and can interpret it to indicate this lot
is a legal lot. Mr. Isham continued that they way he
had looked at the lot was that it was created by a
1978 deed and he looked at all options that appeared
to be available to the lot, but because of the 1978
deed and changes in the ordinance there was no
alternative. Mr. Isham said that it is his belief
that Mr. Summer received what appears to have been a
statement from the Planning Director indicating there
was no process to go through and then there was the
change in law. Mr. Isham referred to a section in the
zoning ordinance which could be interepreted to make
the lot a legal lot.
MOTION: PRANTE moved to gather further information on
if this parcel is an isolated parcel and to
try to solve the problem with the least
amount of hassles.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
This item will be continued at the July 25, 1984
meeting.
Second Reading
MOTION: PRANTE moved to read the ordinance by title
and Final
for the first and second reading.
Hearing on
YOUNG: Second
Ordinance
VOTE: UNANIMOUS APPROVAL
No. 84-015,
Amending
Chairman Young read aloud the title of the Ordinance
Ordinance
for the first and second readings. Chairman Young
PL -15
opened the hearing for public testimony, being none
(action item)
the hearing was closed.
MOTION: PRANTE moved to adopt Ordinance No. 84-015.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
FAS Funding
Neil Hudson, Director of Public Works, explained
Program
that this program will take at least three years'
(action item)
allocation of FAS Funds in the amount of $780,000.
Mr. Hudson continued that under the new program, they
are proposing to overlay two highways, the Bend
Redmond Highway and Cline Falls (from Sturgeon Road to
Yew) .
MOTION: PRANTE moved to apply for the FAS funding
program as presented by Neil Hudson.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
MEETING MINUTES - PAGE 2
VUL
Resolution No. Chairman Young read aloud the title of Resolution
84-025 Initi- No. 84-025.
ating Proceed-
ings Relating MOTION: PRANTE moved to adopt Resolution No. 84-025,
to Special initiating proceedings relating to Special
Road District Road District No. 1.
No. 1 Local YOUNG: Second
Improvement VOTE: UNANIMOUS APPROVAL
District
(action item)
Order No.
Chairman
Young read the title of the Order.
84-203,
Accepting the
MOTION:
PRANTE moved to adopt Order No. 84-203
Engineer's
setting a hearing for August 8, 1984.
Report
YOUNG: Second
Relating to
VOTE:
UNANIMOUS APPROVAL
Special Rd
District
Neil Hudson explained that it has been the policy to
No. 1 L.I.D.
send out
remonstrance letters by certified mail but
and Setting
with this large mailing it would not be feasible to do
Hearing
so.
(action item)
MOTION:
PRANTE moved to allow the mailing to go
regular mail with a savings of approximately
$4,000.
YOUNG: Second
VOTE:
UNANIMOUS APPROVAL
Signature of MOTION: PRANTE moved for the first and second
Grazing Lease readings be by title only.
with Wayne YOUNG: Second
Mac Askill VOTE: UNANIMOUS APPROVAL
and Ordinance
No. 84-010 Chairman Young read the title of Ordinance No. 84-010
(action item) for the first and second readings.
MOTION: PRANTE moved to adopt Ordinance No. 84-010.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Signature of MOTION: PRANTE moved to approve and sign the
Financial Financial Partition for Kearnes.
Partition YOUNG: Second
for Kearnes VOTE: UNANIMOUS APPROVAL
OLCC Liquor Before the Board were the following Liquor License
License applications: Speedee Mark, GI Joes, Alpine Foods,
Applications Food Towne, Terrebonne Market, Alfalfa Store, American
Legion LaPine Post No. 45, Bend KOA Kampground,
Brother Stage Stop, LaPine Inn, LaPine Community Park,
and Hampton Station.
MEETING MINUTES - PAGE 3
0h I AGr) 8p
VOL 4 -E
MOTION: PRANTE moved to issue the Liquor License
applications as presented.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Community
Commissioner Prante explained that there is an effort
Action
under way to bring a Community Action Program to
Agency Planning
Deschutes, Jefferson, and Crook counties.
Grant
Commissioner Prante continued that the basic thrust of
the agency is to help low income individuals to be
more resourceful through the use of programs
coordinated by CAA. Commissioner Prante explained
that she has letters and encouragement from COCOA, who
recently voted on becoming a Community Action Agency
and it was decided that they would like to remain
exclusively an agency to serve seniors. Commissioner
Prante stated that COCOA unanimously approved a
Community Action Agency coming into Deschutes County
because it will serve not only low income people, but
will have significant services to the senior
community not available otherwise. Commissioner
Prante stated that a minimum of $60,000 and maximum of
$120,000 will come into Deschutes County only through
this vehicle and she would hate to see this not be
made available to people within this community.
Commissioner Prante suggested that the County apply
for a grant from the State to do the planning so that
it will be in a position to set up such an agency by
January 1, 1985. Commissioner Prante stated that she
has a report from COCOA, supporting letters from Joe
Barrett from the Red Cross, John Halstead of the
Community Center, Corrine Williams of the Senior
Services Division, and Gayle Rogers of the Warmsprings
area, strongly urging to proceed with this program.
Commissioner Prante continued that this program allows
for a great deal of innovation and creativity on the
part of the community and also creates a cooperative
venture where participants are also providers of
services where people work in a team sense.
Commissioner Prante said that the County would not be
asked to fund any part of the program, but may be
asked for some in kind funding.
Gerald J. Bieberle, Program Manager of the State
Community Services Program, explained that the
Community Action Agencies were established in 1964.
Mr. Bieberle said that the theory behind the program
is that the people at the local level know best the
problems and can best design the programs. Mr.
Bieberle continued that until 1981 the programs were
federally funded and the first decision made at the
state level was to go into areas where there were no
CAAP and see if people were interested in the program.
Mr. Bieberle said that they are asking the County to
MEETING MINUTES - PAGE 4
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VOL cJ F AC_.�r�
be the initial conduit for the initial planning grant.
Mr. Bieberle said that because of the end of the
federal fiscal year, they would like to fund the grant
with the funds that have expired. Mr. Bieberle
concluded by saying the organizations are good and are
supported by the Community Services Program Division
and would like to see one in this area.
MOTION: PRANTE moved that Deschutes County apply for
grant funds in the amount of $30,000 to do a
planning grant to access the feasibility of
establishing a CAAP in this area.
YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Order No. Chairman Young read the title of the Order.
84-206,
Amending MOTION: PRANTE moved to sign Order No. 84-206
Order No. amending Order No. 84-205.
84-205 YOUNG: Second
(action item) VOTE: UNANIMOUS APPROVAL
Maintenance MOTION: PRANTE moved to authorize the Chairman
Service Agree- to sign the Maintenance Agreement for the
ment for Data Processing Equipment in the amount of
Data Processing $2,136 quarterly.
Equipment YOUNG: Second
VOTE: UNANIMOUS APPROVAL
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Alber A. You , Ch an
Lo
ristow Prante, Commissioner
i4v- I
Laurence A. Tuttle, Commissio er
BOCC:ap
MEETING MINUTES - PAGE 5