1986-10814-Minutes for Meeting June 04,1986 Recorded 6/6/1986V r1. 8f, -1081-t VOL DESCHUTES COUNTY BOARD OF COMMISSIONERS JUNE 4, 1986 REGULAR MEETING 72 FACE 58 Chair Prante called the meeting to order at 10:05 a.m. Commissioners Tuttle and Maudlin were in attendance, Assistant Legal Counsel, Karen Green was also present. Amendments to Chair Prante read aloud the amendments to the Agenda the agenda. Public Hearing Chair Prante opened the Public Hearing for for the Discus- the discussion of the County Extension - sion of the County 4-H Budget and requested comments. Extension and 4-H Budget Marvin Young, County Extension Agent, requested the Board approve the budget for the 1986/87 fiscal year in the amount of $94,837.00. Chair Prante closed the Public Hearing. MOTION: TUTTLE moved to approve the County C.0 :- Extension and 4-H Budget as presented. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved to adopt the County Extension and 4-H Budget. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Chair Prante opened the Public Hearing for for the Discus- the discussion of the Seventh Mountain sion of the Service District Budget and requested Seventh Mountain comments. Hearing none, she closed the Service District Hearing. MOTION: MAUDLIN moved adoption of the Seventh Mountain Service District Budget. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Chair Prante opened the Public Hearing on on the Proposed the Proposed Vacation of a portion of O.B. Vacation of a Riley Road and requested comments. Hearing Portion of O.B. none, she closed the Public Hearing. Riley Road and Consideration MOTION: TUTTLE moved to withold signature Order No. 86-047 of Order No. 86-047 until closing of all documents. PAGE ONE - MINUTES 6/4/86 71 VOL 72 FACE 59 MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Final Considera- Chair Prante noted the following requested tion of the change to the Transportation Plan: Deschutes County "If Cooley Road is extended in the future, Transportation there shall be no access to and through JD Plan Ranch Estates." MOTION: TUTTLE moved to accept the Trans- portation Plan with the change noted. PRANTE: Second. VOTE: TUTTLE: YES MAUDLIN: NO PRANTE: YES Authorization for MOTION: TUTTLE moved signature of County Mental Resolution No. 86-036. Health Directed MAUDLIN: Second. Police Holds VOTE: UNANIMOUS APPROVAL. Possible Signature Jay Langley, Sanitarian, stated that he would of Resolution No. request that the fees charged for swimming 86-023, Adopting pools and spas be as follows: and Continuing Fees and Charges First Pool $185.00 for Services Second Pool $140.00 Additional Pools(same locale) $100.00 each Commissioner Maudlin stated that fees for copy costs are still not the same. Commissioner Maudlin added that the Clerk's Office is directed by Statute to charge $.50 per copy; however, he feels that every department should be consistent with the $.20 charge. MOTION: PRANTE entertained a motion to sign Resolution No. 86-023 to include the swimming pool and spa fees as presented by Jay Langley and that all copy fees throughout the County are consistent at $.20. TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature Karen Green stated that the contract of Computer Con- contains language that makes the contract tracts subject to the laws of New Jersey. Ms. Green PAGE TWO - MINUTES 6/4/86 CL I stated that we could seek to negotiate a change in that to make it subject to the laws of Oregon. MOTION: MAUDLIN moved to sign computer contracts with the stipulation that attempt is made to get the contractural agreement as stated in Oregon rather than in New Jersey. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Ms. Green added that document signature should be witheld until clarification of change is received. Possible Signature MOTION: PRANTE entertained a motion to of a Financial sign the Financial Partition Agree - Partition Agree- ment with John and Barbara Merlin. ment with John TUTTLE: So moved. and Barbara Merlin MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved signature of Develop - of Development ment Agreement for SP -86-10, Agreement for Michael and Laura Neary contingent Michael and Laura upon signatures of applicant. Neary MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature Roberta Lafferty read the following state - of MP -86-8 for ment into the record: Roberta Lafferty "I would first of all like to ask you a question, have you had an opportunity to read the hand -delivered letter issued by Paul Speck?" Chair Prante responded by stating that it just came minutes prior to the meeting and I have not read it. It was here as we were coming down the hall. "I really feel that you need to read it and that I would like to make a statement of my own." "In 1976 when we bought the property we had an option to buy the house on five acres or the house and acreage plus a particular five PAGE THREE - MINUTES 6/4/86 • VOL 12 FACE 61 acres - we bought both five acre parcels. To both State and County there were two separate parcels and I paid taxes on each lot for seven years. The deeds are together as were common and acceptable legal practices at that time in Deschutes County. We were never notified by Deschutes County that a change in interpretation of the law was going on. We were notified by the County when the owner of a 14 acre parcel to the north of us wanted to divide into half acre lots, which my husband sucessfully fought, but we never had a chance to speak in defense of our own land. We have lived in several different states and when we bought a property and paid taxes we then could sell it the same way. I have never heard of a legal survey being declared unacceptable. After a year of jumping through hoops for a variance the final blow from Planning was when the surveyor stated that the new survey was not acceptable as I now have to have 50 feet from the road from Woodside Road along each five acre parcels. It is my private road and will never be anything else. At this point I couldn't face another variance along with all the expense so I gave in. I have a letter from a previous owner saying that they had the land surveyed with right of access to both acreages. This was done in case they wanted to sell one or the other of the properties. For this they paid $900.00. I think something is drastically wrong with a system that treats the taxpayer in this manner. I resent the 18 months of anxiety I have gone through as well as the megabucks it has cost me to get less than what we purchased in 1978. To me, the Deschutes County Commissioners should take a good look at how the laws are being interpreted by Deschutes County Planning. Thank you." MOTION: TUTTLE moved to postpone for one week. MAUDLIN: Second. Chair Prante asked Ms. Lafferty if she was interested in having the plat signed today, or is it not what she wanted and to have it looked into further? PAGE FOUR - MINUTES 6/4/86 VOL 72 PACE 62 Roberta Lafferty stated that she would like the Board to read Paul Speck's letter and would go for delaying it for a time in case this might make a difference. Ms. Lafferty added that in Mr. Speck's letter, one thing that he did not say in the letter is that when he worked for the County, he wrote the Ordinance that refers to the 50 feet from the road. Commissioner Maudlin stated that he understands and is in sympathy with the problem; however added that when Mr. Speck says that his recollection is "such and such", sometimes his recollection is not exactly clear. Commissioner Maudlin stated that he wanted to make his point clear that when Mr. Speck's letter states "this is my recollection" that Mr. Speck doesn't always recall just exactly the way it was. Commissioner Maudlin added that the Board will certainly look into this area of concern and see just exactly what the laws say. VOTE: UNANIMOUS APPROVAL. Possible Signature MOTION: TUTTLE moved to sign the Financial of Financial Parti- Partition Agreement for Gisela tion for Gisela Sobel. Sobel MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signaure MOTION: PRANTE entertained a motion to sign of Clinical Agree- the Clinical Affiliation Agreement ment with COCC with COCC. TUTTLE: So moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Signature Postponed for one week. of OLCC Liquor License Applica- tion for the Hampton Station Possible Signature MOTION: TUTTLE moved to sign of Weekly Warrant the Weekly Warrant Vouchers in Voucher the amount of $243,369.70 contin- gent upon review. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. PAGE FIVE - MINUTES 6/4/86 VOL 72 akr-p- 63 Discussion Re- Karen Green explained that this is for garding Telepro- the County Child Support Enforcement Office cessing Agreement to hook up with information stored at the with the State Department of Human Resources. Ms. Green of Oregon added that information is forthcoming regarding initial and monthly charges for this program. It was the consensus of the Board to postpone this item until the fees were noted on the PAGE SIX - MINUTES 6/4/86 Contract Agreement. Discussion Re- Mike Maier, County Administrator, requested garding Use of authorization to allow County vehicles to City Gas Pumps obtain fuel at City pumps. The individual departments (primarily Sheriff's Department) will be assigned a card and will maintain detail records of the amount of fuel used, when used, etc. Mr. Maier indicated that it would be a substantial savings to the County on the annual fuel purchase. It was the consensus of the Board to approve the proposal. Possible Signature Paul Buchannan, Brooks Resources, stated that of a Temporary Use this temporary use permit is necessary to Permit to Allow complete the interior of an existing struc- Construction and ture so a general store can open in time Use of a General for the summer selling season. Store at Black Butte Ranch George Read, Planning Department, stated that the original approved Black Butte Plan shows the future commercial area across the street from the subject area. Mr. Read added that some changes came about at Black Butte Ranch in 1982; however, the County was not made aware of these changes; therefore a conditional use permit for alteration of the destination resort has been requested. Mr. Read stated that because the new site for the general store was previously designated equestrian, a minor alteration site plan is also necessary. Mr. Read noted that Black Butte has filed for the permits. MOTION: TUTTLE moved signature of the Temporary Use Permit MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. PAGE SIX - MINUTES 6/4/86 vol 12 pAcF 64 The meeting was adjourned. DESCHUTES COU TY BOARD COMMISSIONERS L BRISTOW PRANTE, CHAIR LAURENCE-A.a,ISS;IONER ISSIONER DI I BOCC:kbw 86-102 PAGE SEVEN - MINUTES 6/4/86