2003-103-Minutes for Meeting January 27,2003 Recorded 2/13/2003DESCHUTES
NANCY BLANKENSHIP,FDS COUNTY CLERKQ20030103
COMMISSIONERS' JOURNAL
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IIII III 02/13/2003 02;41;16 PM
2003-000303
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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if document is re-recorded.
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 27, 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly.
Also present were Mike Maier, County Administrator; George Kolb, Road
Department; Scott Johnson, Commission on Children & Families; George Read,
Kevin Harrison, Damian Syrnyk, Pat Kliewer and Cathy Tilton, Community
Development Department; Scot Langton, Assessor; Marty Wynne, Finance
Department; Laurie Craghead, Legal Counsel; Timm Schimke, Solid Waste
Department; media representative Barney Lerten of bend.com; and nine other
citizens.
Chair Dennis Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Dick Tobiason of Bend told the Commissioners that he has been a resident of
Bend for twelve years and is a veteran. He asked for the Commissioners'
support in efforts to rename the Crooks River Bridge after Rex Barber. The
Oregon Department of Transportation said it normally does not name bridges or
roads after citizens, and there is no statewide support.
Commissioner Luke stated that he believes Senator Bev Clarno will be
introducing a bill into this legislative session to name the bridge the Veterans
Memorial Bridge.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 1 of 13 Pages
Mr. Tobiason replied that the name "Rex Barber Veterans' Memorial Bridge" is
preferred by the family. He added that he is working on an overall campaign to
recognize veterans living in Central Oregon, and is asking for the County, City
and others to support this idea. He asked if the Commissioners would send a
letter to ODOT in support the naming of the bridge, and said that Jefferson
County has already done so. (He submitted a copy of the letter and other
information, which is attached at Exhibit A.)
2. Before the Board was a Discussion and Consideration of Approval of
Grant Reductions to the Following Agencies, in the Event that Measure 28
Fails: Bethlehem Inn, CASA (Court Appointed Special Advocates), COBRA
(Central Oregon Battering and Rape Alliance), El Program de Ayuda, and FAN
(Family Access Network).
Scott Johnson clarified that a portion of the amount funded by the state is being
reduced; this amounts to approximately $43,000.
This item will be addressed on the Wednesday, January 29 agenda.
3. Before the Board was a Discussion and Consideration of Chair Signature
of Oregon Health Division Grant Revision #7 for Fiscal Year 2003,
Increasing Funding for Family Planning Services.
Dan Peddycord said that this is a notice of reduced funding, as directed by
House Bill 5100, which will be restored if Measure 28 passes. The funding for
some programs is being increased, but the notice results in a net decrease of
about $6,000.
This item will be addressed on the Wednesday, January 29 agenda.
4. Before the Board was a Discussion and Consideration of a Request for a
Policy Change regarding Department Heads Signing Clinical Affiliation
Agreements in Lieu of Board of Commissioner Signature.
Dan Peddycord explained that his department has clinical affiliations for the
services of nurse practitioners, nurse assistants, pharmacy technicians and
others, ranging from a few days to several months. The sending institution
provides agreements for this arrangement.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 2 of 13 Pages
Mr. Peddycord asked that he be authorized to sign those agreements on behalf
of the County, even though many times the institution is governmental in
nature. He further said that he would get legal review, but this would speed up
the process. The Commissioners asked that Rick Isham review this proposal
and give them his recommendations.
This item will be addressed on the Wednesday, January 29 agenda.
5. Before the Board was a Discussion and Consideration of Signature of
Order No. 2002-014, Correcting a Scrivener's Error in the Legal
Description of Documents relating to the Vacation of a Portion of "A"
Avenue in Terrebonne.
George Kolb explained that there was an error when the Surveyor wrote up the
legal description. It has since been reviewed by three surveyors.
This was placed on the Wednesday, January 29 Consent Agenda.
6. Before the Board was a Discussion and Consideration of the Adoption of
the Deschutes County Weed Advisory Board Charter; and Annual
Deschutes County Weed List for 2003.
This was placed on the Wednesday, January 29 Consent Agenda.
7. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Kelly Walker and Byron Cheney to the Deschutes
County Weed Advisory Board, through October 14, 2004.
This was placed on the Wednesday, January 29 Consent Agenda.
8. Before the Board was a Discussion of a Public Hearing (Most recently
continued from October 2, 2002) on Measure 7 and Ordinance No. 2002-012,
regarding Private Property Compensation Procedures.
This item will be addressed on the Wednesday, January 29 agenda.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 3 of 13 Pages
9. Before the Board was Consideration of Approval and Signature of the
Board's Findings and Decision regarding File #A-02-10 and File #A-02-11
(Partition #MP -02-12), Appeals of the Hearings Officer's Conditional
Approval of a Partition to Create Three Parcels in the F-1 Zone .
(Appellants/Applicants: Matthew & Rachel Thomas; and Appellants: Sisters
Forest Planning Committee/Paul Dewey).
DALY:
I read this one, you know. I don't always read everything, but I read this one.
DEWOLF:
Can I ask some questions? The top finding above number 3, where it says that
the Board finds the only one of these easements that provides public access is
Sisters Mainline Road, I'm not finding that.
LUKE:
I believe the road does meet the definition of a public access, because it is a
Forest Service road. My own personal opinion is that I found that it wasn't my
first choice to be the primary access because of the winter deer range problems,
and the fact that if you open it up so the Thomas' can use it, other public people
are going to drive in there whether they are supposed to or not. But I think it
does meet the definition of a public access.
CRAGHEAD:
Actually, I think we should remove the word "public", because the requirement
just says "access".
DEWOLF:
That would be better. Because down below it clears it up. On page 11, just a
question -- "the applicants will not be required to dedicate parkland or pay a fee
in lieu of dedication" -- they're not within the Bend Metro Park & Recreation
District, are they?
TILTON:
I don't believe so.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 4 of 13 Pages
DEWOLF:
On page 12, under decision number 5, "to the extent it is not already improved
to County's minimum road standards, applicant shall improve with a minimum
of twenty feet of all weather", and so on, "the segment of the Sisters Mainline
Road from southern boundary to the subject property to Bull Springs Road",
what about Bull Springs itself? Is that a separate deal because it hasn't been
dedicated yet, and once it is dedicated those requirements would be in place? I
mean, it looks to me like it is.
CRAGHEAD:
We can add that if the Board so wishes. But my recollection is that in the
testimony, it already was to County minimum standards.
DEWOLF:
Okay. I don't remember that. I remember us talking about that.
CRAGHEAD:
If you want to add the same provision for Bull Springs ...
LUKE:
What if it becomes dedicated?
DEWOLF:
Yeah, it ought to be, that it be brought up to standard.
DALY:
I think it already is.
DEWOLF:
It may be, but I'm no expert in those minimum standards, and I would just as
soon that we make sure that we're covered in this area.
DALY:
I think the issue came up that it's a paved road already, even though it doesn't
meet County standards. If we impose the County's gravel standards, then we'd
be putting gravel on pavement.
DEWOLF:
No, that's minimum. We're already ahead of that. And Sisters Mainline looks
like it's fine, too.
LUKE:
Pavement is better than gravel.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 5 of 13 Pages
DEWOLF:
I think everything is already there. But, to be consistent, we ought to have that
in there. And that's all I have.
CRAGHEAD:
There were two changes. Staff may have already gotten one. We needed to
make a correction on page 3 under procedural history. There are actually three
different time periods in which information was allowed to be submitted. We
missed the first one in the December 17 time period, which was the original
open record period. We also need to add to the decision a statement regarding
appeal rights to LUBA.
DEWOLF:
Okay. So you'll get those and we'll have a final by Wednesday?
CRAGHEAD:
Oh, there was one typo, again under procedural history. In the third sentence,
MP -01-16 should be MP -02-12. So we'll make those corrections for you.
DEWOLF:
And are you guys okay with the other things I just mentioned?
LUKE:
Yes.
DALY:
I am. Sounds good to me.
LUKE:
We'll see you back here Wednesday. Thank you.
This item will be addressed on the Wednesday, January 29 agenda.
10. Before the Board was Discussion of a Public Hearing, and Consideration of
the First Reading of Ordinance No. 2003-001, Amending the Deschutes
County Comprehensive Plan to Adopt a New Coordinated Population
Forecast for Deschutes County and the Cities of Bend, Redmond and Sisters.
Damian Syrnyk gave a brief overview of this item. A full presentation is
scheduled for January 29.
This item will be addressed on the Wednesday, January 29 agenda.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 6 of 13 Pages
11. Before the Board was a Discussion and Consideration of Signature of a
Personal Services Contract between Deschutes County and Merrill
O'Sullivan, LLP, for Hearings Officer Services (Tia Lewis).
George Read said that this contract expires at the end of the month; it has had
legal review and approval.
This was placed on the Wednesday, January 29 Consent Agenda.
12. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Denial of a Conditional Use Permit for a Non -Farm
Dwelling (File #CU -02-75; Appeal #A-03-1, Applicant: Kaczmarek).
CRAGHEAD:
(She presented a letter to the Board. A copy is attached as Exhibit B.) This is a
letter extending the 150 -day deadline.
KEVIN HARRISON:
The matter before the Board today is to decide whether to hear an appeal
regarding the Hearings Officer's denial of a conditional use permit for a non-
farm dwelling. This was continued from last week, and you should all have a
packet containing the notice of appeal, the staff report, the Hearings Officer's
decision, and a memo.
The appellant in this case is asking that any appeal be heard on the record. In
that cover memo, I mention that the 150 -day time limit was due to expire on
March 6. The letter submitted today came from the applicant's attorney,
indicating that they would be willing to toll the clock for thirty days if the
Board decides to hear this appeal. So it is not new information; it just has to do
with the time clock.
Just to briefly summarize, the Hearings Officer denied the conditional use
permit because of what she found to be the failure to satisfy two criteria: the
stability test and the suitability test that relates to the non-farm dwelling. At
this point, the Board needs to make a decision as to whether to hear the appeal.
LUKE:
No, we don't. We could put it off.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 7 of 13 Pages
HARRISON:
You could put it off.
LUKE:
It's your hope that we'll decide. I've had some conversations with Legal staff,
and in reading to this, I don't' find myself disagreeing with the Hearings
Officer. Have you had a chance to spend some more time on this? Do you
have any thoughts?
CRAGHEAD:
It's a matter of whether the Board finds that there are any policy issues or
factual issues that it feels would warrant the Board's review. The applicant has,
in the notice of the appeal, made some claims that there were some factual
errors in the Hearings Officer's decision. The Hearings Officer did make note
of the factual discrepancies, but made a decision on the issue of the Assessor's
information on who had how much water rights, versus information that was
given by the applicant on this, and some other information.
So it's a matter of whether the Board feels that is sufficient to reviewing the
record again and making a decision and possibly overturning the Hearings
Officer's decision, based on that evidence in the record.
There's also a matter of whether you agree with the applicant's proposal that
this is a policy change because of a previous Board decision in Sheehan, and
whether you feel that warrants a hearing on the record, and again possibly
overturning the Hearings Officer's decision.
LUKE:
Isn't there a difference, though, between those two cases?
DEWOLF:
I don't buy the argument on Sheehan at all.
CRAGHEAD:
After having read it just before this meeting, I believe there is a difference. One
of the issues was the fact that the applicant in the Sheehan case had transferred
off some of the water rights, as has happened in this case.
I believe in Sheehan the Board found with or without the irrigation the soils
were not suitable. In this case we have a situation that even if it were irrigated,
the soils would be suitable. So that's one difference in the Sheehan case. And
Kevin (Harrison) can speak to some of the others.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 8 of 13 Pages
HARRISON:
A couple of material differences that I can find out for you, is that in Sheehan
the applicant had transferred approximately 6/10 of an acre from one location
on the property to another location on the property. I think that was based on
the notion that the area that was being irrigated was not as good as some other
land on the property that could be irrigated. So there was an adjustment of the
water rights on the property.
In the present case, water rights were sold off the property in 1996, and were
removed from the property altogether. In the Sheehan case there was specific
testimony from a soils scientist regarding the nature of the soils at the location
of the proposed site. I don't believe we have the same kind of information in
the present case. And I think it was really the -- my recollection of the Board's
decision on Sheehan, is that it was based on the introduction of the new
information, the new site-specific information from the soils scientist, that lead
the Board to believe that Sheehan had met his burden in that case.
DALY:
I know I differ a great deal between you two guys in the way you look at these
things. As far as I'm concerned, this soil analysis stuff, this area, it's bogus. I
don't think there's any question that you can have the best soil in the world
around here and you still don't have a viable farm. You're never going to have
a viable farm that pays money, that will make your farm payments and
everything else, by farming the place.
This whole area, from the Crooked River Bridge south, you're basically looking
at the highest and best use is a hobby farm. That's what we ought to promote
around here. That's the highest and best use of the land, and I don't agree with
this decision at all, and I'd be willing to hear this.
LUKE:
I'd like to point out that I'm not saying how land should be used here. I am
making my decision based upon State law and County law. Crook County
made some decisions based on emotions, especially in the Powell Butte area,
that caused a Supreme Court decision, or the Court of Appeals, that cut off all
construction of housing outside the metro areas. Because they made decisions
made on emotions and not the law. If you don't like the law, change it. And I
have tried.
DEWOLF:
But we're not the ones to change those laws. That's at the State.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 9 of 13 Pages
LUKE:
You don't do it one decision at a time, because eventually you're going to get
overturned and you're going shut off everything over here.
DEWOLF:
I mean, the State basically came in and became their de facto planning
commission.
CRAGHEAD:
One other issue that was brought up by the applicant was the issue of how the
Hearings Officer determined stability of the area, and whether she focused too
narrowly on properties versus going the whole thousand acre, one -mile radius
on this. That's a matter of whether you agree that there's enough of a policy
issue there that you'd want to review the record again for this decision.
DALY:
You might be right, Commissioner Luke. And it's unfortunate that common
sense doesn't enter into the land use laws in Oregon. That's why Measure 7
passed overwhelmingly by the citizens of the State of Oregon. I have high
hopes that there will be another Measure 7 or something like it in the very near
future. I support that one hundred percent.
But until then we'll probably have to suffer with what we've got. I will always
oppose the land use laws the way they are applied in this particular situation. It
doesn't make any sense at all. But you guys go ahead. Do whatever you want
to do.
DEWOLF: I would move that we do not hear this.
LUKE: Second.
VOTE: DEWOLF: Yes.
DALY: No.
LUKE: Chair votes yes.
13. Before the Board was a Discussion and Consideration of the Process to be
Followed in regard to the Selection and Appointment of a New Member to
the Deschutes County Landmarks Commission.
Pat Kliewer explained that information packets were provided to the
Commissioners last week. Five people have expressed an interest.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 10 of 13 Pages
Commissioner DeWolf indicated that the Board will interview the applicants in
late February, and asked that some questions be developed which would be sent
as a questionnaire to the applicants in advance.
14. Before the Board was a Discussion and Consideration of Signature of an
Amended Personal Services Contract with Helion Software, Inc. for
Assessment and Taxation Software.
This item will be addressed on the Wednesday, January 29 agenda.
15. Before the Board was a Discussion and Consideration of the Adoption and
Signature of Deschutes County General Policy No. P-2003-098, Requiring
the Frequency of Physical Inventories of County Capital Assets.
Marty Wynne gave a brief overview of this item, which is still in draft form.
This item will be addressed on the Wednesday, January 29 agenda.
16. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-011, Authorizing the Financing of Various Capital
Construction and Improvement Projects in an Amount not to Exceed
$3092509000.
This item will be addressed on the Wednesday, January 29 agenda.
17. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Members to the Deschutes County Extension
Advisory Board: Dauna Johnston (4-H Leaders Association
Representative) and Genevieve Waldron (County Council Representative);
and Signature of a Letter Appointing Heather Moore to the Advisory
Board (all three appointments are through December 31, 2003).
This item will be addressed on the Wednesday, January 29 agenda.
18. Before the Board was a Discussion and Consideration of Signature of a
Letter Appointing a New Member to the Deschutes County Fair Board,
through December 31, 2005.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 11 of 13 Pages
Commissioner Luke explained the interview process, which included nine very
qualified candidates with interesting ideas. He added that the Fair Board might
want to form some subcommittees to address some of their ideas.
He went on to say that the interview group has chosen Frank Deggendorfer for
the position. He also described Mr. Deggendorfer's contributions to the
community and his experience in Fairgrounds -related activities.
DALY: Move approval for the appointment of Frank Deggendorfer,
through December 31, 2005.
DEWOLF: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
Rick Isham then asked if the Commissioners wish to consider increasing the size
of the Fair Board from five members to seven, which is allowed. The
Commissioners indicated that this idea, or the concept of subcommittees, should
merit further discussion, as there may be possibilities for the Fairgrounds
property, such as the seldom -used parking lots, that should be considered.
19. Before the Board was a Discussion and Consideration of Chair Signature
of an Oregon Liquor Control Commission License Application for Coyote
Canyon Restaurant, La Pine.
DEWOLF: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DEWOLF: Yes.
LUKE: Chair votes yes.
20. Before the Board was an Addition to the Agenda.
Commissioner DeWolf said that with Anna Johnson's help with a Power Point
presentation and with Sunriver Resort's assistance, the National Association of
Counties Justice and Public Safety Committee has decided to hold next year's
retreat at Sunriver.
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 12 of 13 Pages
Approximately 100 people from all over the country will be in the area next
January. This will generate revenue for the area; however, there will be some
hosting costs to Deschutes County, for receptions and other social events. It
will be held January 21 through 25, 2004.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:20 a.m.
DATED this 27th Day of January 2003 for the Deschutes County Board
of Commissioners.
Dennis R. Luke, Chair
ToA DeWolf, Commissioner
l
ATTEST: Mica 1 M. aly, Commi loner
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, January 27, 2003
Page 13 of 13 Pages
BRUCE W. WHITE
ATTORNEY AT LAW
RECEIVED
BY:
JAN 2 4 2003
January 24, 2003
DELIVERED BY:
Hand Delivered
Kevin Harrison
Deschutes County Planning Division
117 NW Lafayette Ave.
Bend, OR 97701
Re: Kaczmarek
CU -02-75
Dear Mr. Harrison:
As you know, I represent Marty Kaczmarek and Kaczmarek Custom Homes in this matter. This
is to follow up on our conversation of Wednesday, in which we discussed whether the applicant
would be willing to grant an extension of the 150 -day time period for making a decision in this
matter, should the Board decide to hear this case on appeal. From our discussion, it appears that
there could be problems in scheduling a hearing in February at a time when both the full board
and legal counsel would be available. This could be problematic, since it appears that the 150 -
day time line concludes on March 6, 2003. Accordingly, applicant hereby agrees to extend the
150 -day time clock for an additional 30 -day time period, until April 7, 2003.
Thank you for your cooperation in this matter.
Sincerely
9A^,C,x- CA - JL�
Bruce W. White
c. Marty Kaczmarek
Laurie Craghead
P.O. BOX 1278 • BEND, OR • 97709
PHONE: (541) 382-2085
E)6� �
Dick Tobiason
22325 White Peaks Drive
Bend, OR 97702
388-5591
January 27, 2003
Board of County Commissioners
Deschutes County_
Bend, OR
Dear Commissioners:
As a veteran and brief acquaintance of Colonel Rex T. Barber Sr., I request the Board to
Join with other Central Oregon Mayors and County Commissioners asking_ ODOT to
name the new Crooked River Bridge in honor of County resident Colonel Rex T. Barber.
Attached is a draft letter and biographical summary which the Board could use as a
starting point. Given an opportunity, I will summarize current activities at the Jan. 27,
2003 Board's work session. I am making a similar request of the City of Bend.
Please let me know if I can be of assistance.
Thank you for your attention in this matter.
Sincer y, 'TW
CIK—
Attached: Draft BOCC letter to ODOT, Rex Barber biography
Cc: Lee Flegel, Rex Barber Jr.
DeschutesBOCCRexBarber12603.doc
Deschutes County letterhead
Date
Mr. Bruce Warner
Director,
Oregon Department of Transportation
355 Capitol St N E - Room 135
Salem, OR 97301-3871
Dear Mr. Warner:
Representing citizens of Deschutes County, Oregon we respectfully request ODOT
name the new Crooked River Bridge on Highway 97 in honor of Rex T. Barber. Colonel Barber
was born in Culver, Jefferson County on May 6, 1917and died In Terrebonne, Deschutes County
on July 26, 2001. He made remarkable contributions during Word War 11, with a significant impact
on world history and, by extension, Oregon history. The bridge joins the two Counties where
Colonel Barber spent most of his life when not serving his country during the perilous days of
World War 11 and subsequent. Jefferson County Commissioners have already requested ODOT to
name the bridge in honor of Colonel Barber.
We understand that Colonel Barber is credited by six military research organizations for being the
sole pilot shooting down the Japanese plane carrying Admiral isoroku Yamamoto on 18 April
1943. The shoot down lead to the loss of Admiral Yamamoto, architect of the Japanese attack on
Pearl Harbor on Dec. 7, 1941. In "Roosevelt's Secret War" historian and author Joseph E. Persico
concludes "----- doomed Admiral Yamamoto, whose loss to the Japanese has been equated with
the Allies losing Eisenhower". Thus, Colonel Barber's heroic effort contributed to shortening of
the war in the Pacific and saving Allied casualties which would have included Oregonians.
Colonel Barber's list of military decorations includes the Navy Cross (being reconsidered for
Medal of Honor as originally submitted by Admiral Marc Mitscher), two Sliver Stars, the Purple
Heart and numerous Air Medals. Foreign decorations were awarded by China, Colombia,
Ecuador, Korea and the United Nations. The VFW awarded him their highest decoration, the Gold
Medal of Merit.
After his military service, Rex Barber was prominent in Oregon as Mayor of Culver, Jefferson
County for nine years with a host of other civic Involvements.
We understand several Oregon highway features have been named for prominent Oregon highway
officials setting precedents for renaming the Crooked River Bridge for an individual. It would be
patriotic for ODOT to rename the bridge the "Rex Barber Veterans Memorial Bridge" in honor of a
genuine American hero. We are told that Colonel Barber's family supports this renaming. We
heartily endorse this cause In honor of a man who made all Oregonians proud with his lasting
contribution in shortening WWII, altering the course of history, and serving Oregonians.
Renaming the bridge will ensure that travelers on Highway 97 become aware of the historic
contributions of Rex Barber.
Attached is a copy of Colonel Barber's biography.
Sincerely
REX T. BARBER
Colonel, USAF, Ret.
May 1917 - July 2001
70th Fighter Squadron
18th Fighter Group
Rex T. Barber was born in Culver, Oregon, on May 6, 1917. After graduating from high school
he briefly attended Linfield College in McMinnville, OR, then transferred to Oregon State
College at Corvallis, OR, where he majored in Agricultural Engineering. He'd always had an
interest in flying - even as a youth - and when the war erupted in Europe 1939, he could see the
war clouds gathering for the U.S., and although he had just a few weeks remaining to receive his
college degree, Barber enlisted in the Army Air Corps in September 1940. He immediately
applied for Pilot Training, and in March 1941 was sent to the Rankin Aeronautical Academy,
Tulare, CA, as an Aviation Cadet where he first learned to fly in Stearman PT -17 biplanes. He
won his wings and was commissioned a 2nd Lieutenant in the U.S. Army Air Corps at Mather
Field, CA.
Lieutenant Barber's first duty assignment was with the 70th Fighter Squadron, then part of the
35th Fighter Group, at Hamilton Field, CA, where he initially flew Curtis P40s. Following the
Japanese attack on Pearl Harbor, December 7, 1941, the 70th Squadron was moved to the Fiji
Islands, arriving on January 27, 1942, to fly Bell P -39s, then to Guadalcanal where they soon
acquired twin -engined Lockheed P -38s.. When the 18th Fighter Group was re-formed in March
1943, Lt. Barber was assigned to the 339th Fighter Squadron, and the 70th was transferred into
the 18th to join the 12th and 44th Fighter Squadrons. The 70th remained with the 18th, flying
combat missions out of Henderson Field until October 1942, then commenced their northward
island -hopping actions against the Japanese forces during the remainder of World War Two.
The most significant event of Rex Barber's career — perhaps of his entire life, took place just a
short time after he had joined the 339th Squadron - in mid-April 1943. A coded Japanese
message was intercepted, telling in precise detail, the planned route and scheduled (0945 hrs)
arrival for Admiral Isoroku Yamamoto's flight to the island of Ballale, just off the coast of
Bougainville on the morning of
18 April, 1943. Because the U.S. had previously broken the secret Japanese codes and could
translate their intentions, Major John Mitchell, Commanding Officer of the 339th Fighter
Squadron, was selected to plan and lead a flight to intercept and to shoot down Japan's foremost
military leader. Due to the extreme distance involved... more than 425 over -water miles each
way, it was determined that only the P-38 would have sufficient range to carry out such a
mission, and even then, they would require the large 310 gallon drop -tanks ... but the only tanks
available on Guadalcanal were the shorter -range 165 gal. models.
Roger Ames, 12th Fighter Squadron, one of the mission pilots (and a long-time member of the
18th Fighter Wing Assoc.), recalled: "We put in an emergency order for the larger tanks, which
had to be flown in during that night, and the crews worked throughout the night installing one
each of the 310 and the 165 gallon tanks on every available P-38. We had only 18 flyable P -38s
between all of our squadrons, and all were scheduled for the mission, but only 16 made it into the
air."
In order to intercept Yamamoto's Betty bomber by 9:45 a.m., Major Mitchell determined that it
would be necessary for the P -38's to be airborne, formed up and depart Guadalcanal by 7:15
a.m., just two hours and five minutes before intercept time, then fly at wave top altitude, well
away from any islands, to avoid potential discovery by enemy radar. They took off on schedule
on April 18 — Palm Sunday, a week before Easter Sunday, 1943, and flew a meticulous series of
five varied headings, depending entirely upon the accuracy of Mitchell's clock, compass and
airspeed for his Dead Reckoning (time and distance) planning. Four pilots had been designated
to be the "Killer Flight", to carry out the actual attack against Yamamoto's bomber; they were
Capt. Tom Lanphier, Lt. Rex Barber, Lt. Joe Moore, and Lt. Jim McLanahan. (Lt. Besby Holmes
and Lt. Ray Hine replaced Moore and McLanahan when their drop tanks failed to feed). All of
the other twelve P -38s were to be "Cover Flights" to protect the Killers from the scores of enemy
Zeroes which were expected to accompany their top Admiral.
Roger Ames reported further: "It was an uneventful flight, but a hot one, flying at wave -top
level, ten to fifty feet above the sea. Some of the crews silently counted sharks, another counted
driftwood. I don't remember doing anything but sweating — John Mitchell said he may have
started to doze off a couple of times, but the Man Upstairs would tap his shoulder to keep him
awake. As we finally turned in toward the coast of Bougainville and started to gain altitude, 1 st
Lt. Doug Canning — `Old Eagle Eyes' — broke radio silence with a quiet `Bogeys! Eleven o'clock
high' announcing contact with the enemy. It was 9:35 am. The Admiral was precisely on
schedule, and so were we. It was almost as if the affair had been prearranged with the mutual
consent of friend and foe. Two Betty bombers were at 4,000 feet with six Zeroes at about 1500
feet above and just behind the bombers in a `V' formation of 3 planes on each side of the
bombers.
"We all dropped our belly tanks and put our throttles to the fire wall climbing for altitude. The
Killer Section closed in and climbed for the attack while the Cover Section stationed themselves
at about 18,000 feet to take care of the fighters expected to rise from Kahiii." (The Japanese had
about 75 fighters on Bougainville, but none were airborne to protect the incoming flight. It was
surmised that they were all lined up along the runways waiting to be inspected by the Admiral.)
"Lanphier and wingman Rex Barber headed for the enemy which were slightly above and at their
one or two o'clock position off their nose, rapidly closing toward them; they had hoped to
position themselves for a right -turning pursuit -curve attack, but when about a mile in front and
two miles to the right of the bombers, the Zeroes spotted them and dropping their belly tanks,
dove down to intercept the P -38s, while the lead Betty nosed down in a diving turn to get away
from the attackers. Meanwhile, Lt. Holmes, leader of the Killer's 2nd element, could not release
his belly tanks, so in an effort to jar them loose, he turned off down the coast kicking his plane
around attempting to shake them loose. Ray Hine, his wingman had no choice but to follow and
protect him. So Lanphier and Barber were left as the only two going after the Japs for the first
few minutes."
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Roger Ames wrote that he could not personally see what transpired next, since he was at 18,000
feet, and the Fillers were down closer to the jungle. But he had carefully read all available
reports, and concluded that the following events had taken place: "As Lanphier and Barber were
about to be intercepted by the Zeroes, Lanphier banked slightly left to turn head on into them,
shot down one Zero and scattered the others. This gave Rex Barber the time and opportunity to
go for the bombers without interference. As Barber turned right to get into position to attack the
Betty bombers, his left boom and engine blanked his view and he lost sight of them briefly as
they passed under his wing, and when he straightened around he saw only one bomber - going
'hell bent for leather' in a spiral turn down toward the jungle tree tops. The 2nd bomber, he
learned later, had dropped behind the first and was below and behind Barber, who immediately
went after the 1 st Betty and started firing across the top of the fuselage at the right engine. As he
slid over to get directly behind the target, his fire passed through the vertical fin of the Betty and
he saw pieces of the rudder separate from the plane. He continued firing and was probably no
more than 100 feet behind the Betty when it suddenly snapped to the left and slowed rapidly; as
Barber roared by he saw smoke coming from the right engine. He believed the Betty went down
into the jungle, but he did not actually see it crash."
"By then, three of the Japanese Zeroes were making firing passes on Barber's tail, as he took
violent evasive action while he headed for the coast on the deck, at minimum altitude. Luckily
for him, two P -38s (which were later determined to be Us. Holmes and Hine) saw his difficulty
and chased the Zeroes off his tail.
Barber stated that he glanced back inland toward the area he had just passed, and saw a large
column of black smoke rising from the jungle, which he believed to be the Betty bomber he had
just shot down."
"In the meantime," continued Ames, "Lanphier, having shot down one and scattered the rest of
the Zeroes' formation, found himself at about 6000 feet and looking down, saw a Betty flying
across the tree tops, so he came down and began firing a long, steady burst across the bombers'
course of flight... from approximately right angles. (In another account, Lanphier claimed he
was clearing his guns.) In both cases he said that'he felt he was too far away to hit it', but to his
surprise, the bomber's right engine and right wing began to burn - then 'the right wing came off'
the plane plunged into the jungle and exploded."
A search team, led by Japanese Army Lieut. Hamasuna, found the wreckage the evening of the
following day - 19 April 1943 - and reported "that the 'wings and propellers had survived', but
the fuselage had broken just ahead of the Rising Sun insignia, and the section forward from there
to the cockpit had been burned out. No one had survived the crash, except possibly Chief
Surgeon Takata, whose body was found next to that of Yamamoto. It was speculated that Takata
may have placed Yamamoto, while still alive, in his seat where he was found, and then Takata
died near him. Yamamoto was found dead outside the fuselage, sitting on the cabin seat, with the
seat belt on, as if he were still alive. He wore white gloves. His hand grasped his sword and his
right hand rested lightly upon it. His head lolled forward as though he was deep in thought, but
he was dead. Yamamoto's watch had stopped at 7:45 "Lt. Holmes, having shaken loose his faulty
drop tank, saw the second Betty bomber diving toward the sea at low altitude, and took after him,
with Lt. Hine on his wing.
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They had the bomber under heavy fire from the rear, when Rex Barber reportedly joined their
attack and finished putting the crippled aircraft into the sea but, in the process, because of his
excessively high rate of closure was struck by falling debris which damaged his intercooler and
scraped his gondola.
"Lanphier then said that two Zeroes came after him and he called Mitchell to send someone
down to help him. He unwittingly led them over a comer of the Japanese fighter strip at Kahili,
then headed East with the Zeroes still on his tail, went into a high speed climb and finally lost the
Zeroes at about 20,000 feet. Lanphier finally arrived at their home base - with just two bullet
holes in his rudder ... in startling contrast to Barber's plane, which had 104 bullet holes, a
knocked out intercooler and a large dent in his gondola."
Upon landing at Fighter II on Guadalcanal, none of the 15 surviving pilots were formally
debriefed on the mission. (Lt. Hine did not return from the flight, and was listed as MIA)
Lanphier was one of the first to land, and he got out of his plane shouting, in no uncertain terms,
that he had shot down Yamamoto. He kept repeating "I got him. I got him. I got that son-ofra-
bitch". Neither Major Mitchell nor Lt. Rex Barber could believe what they were hearing from
Lanphier. "How," they thought "could Lanphier even know which Betty the Admiral was riding
in?" No one saw him shoot at any aircraft.
When the returning mission pilots gathered in the headquarters tent, every one was talking at the
same time and the only records taken were cursory notes that one or two intelligence officers
made, and those were usually concerned with victory claims and confirmation information.
Mitchell recalled "We had no one who could conduct debriefings in those days. We were
uneducated then. We only knew what we ourselves had been through, and accepted each others'
versions of what had happened."
No one questioned Lanphier's claim as he persisted in retelling his story over and over to anyone
who would listen. While Rex Barber sat back, unable to understand how Tom could continue
tomake such a claim. Finally Barber had enough. He asked Lanphier: "How in the hell do you
know you got Yamamoto?" Lanphier shot back, "You're a damned liar. You're a damned liar."
Barber was shocked at this reaction, and said: "I haven't made a statement. I just asked a
question, but here he was calling me a liar for asking a question."
Lanphier kept insisting that he had shot down Yamamoto, and because there was no official
report to counter his claim, everyone seemed to believe him... only Major Mitchell and Lt.
Barber questioned his claim, but neither wanted to argue with him.
An undated report to the Commanding General, USAFISPA was prepared and signed by two
Army Intelligence Officers, Capt. William Morrison and Lt. Joseph E. McGuigan ... a copy of
which Roger Ames had in his files. Neither Mitchell nor Barber were consulted at any time
during the preparation of the report. This report and the follow up messages were thus accepted
by the Army and Navy Commanders as the official version of the epic mission. And Lanphier
constantly referred back to those initial reports whenever he was questioned.
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A short time later, during an informal discussion on a golf course, between Capt. Lanphier, Lt.
Barber and General Strother, Barber said, "I've been wondering how they ever got a Mission
Report together to send to higher headquarters?"
Barber said Lanphier replied "Don't worry about it, Rex. I went over to the Ops tent that evening
and wrote the report. I also helped write our citations for the Medal of Honor."
Barber was stunned. He'd never received a copy of that vital mission report until the late 1950's
when many of the classified wartime documents were declassified. He said that if he had known
about the report, he said that he would have strenuously objected to its content, especially after
Lanphier told him he had helped to write the report.
Who shot down Admiral Yamamoto has been in dispute for several decades. In 1997 the
American Fighter Aces Association gave Barber 100 percent credit for the shoot down of the
bomber carrying Yamamoto. In 1998 the Confederate Air Force recognized that Barber alone
and unassisted brought down Yamamoto's aircraft and inducted him into the American Combat
Airman Hall of Fame.
The Air Force, after much high level discussion, ultimately made an arbitrary decision to split
the victory over Yamamoto's Betty bomber between Lanphier and Barber and, despite the
numerous independent studies, seminars and ongoing expert research to the contrary ... which
has concluded that only Rex Barber, alone, could have downed the Betty carrying Admiral
Yamamoto on 18 April, 1943, the hierarchy still refuse to correct their obviously erroneous
records, nor to award the nation's highest honor to both John Mitchell and Rex Barber for their
epic wartime performance.
A detailed, comprehensive summary of the Yamamoto Mission, including comparison of
conflicting arguments and copies of reports and findings, can be found on the Second Yamamoto
Mission Assoc. (SYMA) website at: www.syma.org
In all, Rex Barber flew 110 combat missions from Guadalcanal, then transferred in early 1944 to
the 449th Fighter Squadron, 23rd Fighter Group in China, where he flew another 28 combat
missions in P -38s, shot down several more enemy aircraft - which were not logged, and was
himself injured when he was shot down, but evaded capture. He returned to the'States in January
1945 and was assigned to the 412th Fighter Squadron, 29th Fighter Group, at Oxnard, CA, where
he flew and test flew the Lockheed P-80 Shooting Star, the United States' first operational jet
fighter. When World War -II ended, Rex Barber had survived 138 combat missions, was credited
with five confirmed kills and three 'probables', including probably the most notable aerial victory
of the war - the downing of Admiral Isoroku
Yamamoto, Commander in Chief of the Imperial Japanese Navy and mastermind behind their
attack on Pearl Harbor. Barber had been awarded the Navy Cross, two Silver Stars, a Purple
Heart, numerous Air Medals and a wide array of theater ribbons and campaign medals.
In 1946 then -Major Barber was awarded a Regular Air Force Commission, and on October 3,
1947 he married Margaret, his partner -far -life, in Panama City, Florida. He remained active in
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the Air Force, with a tour in Tactical Air Command at Langley AFB, VA, from 1946 to 1950;
Air Defense Command at Colorado Springs, CO from 1950 to 1952, a stint as Air Attache to
Colombia and Ecuador, while based in Bogota, Columbia until 1956, when he transferred to
Myrtle Beach, SC, where he ultimately retired from active Air Force duty as a Colonel in 1961.
Colonel Barber, his wife Margaret and their family returned to Culver, Oregon, wherehe became
a successful Insurance man, was Justice of the Peace, and Mayor of Culver, but he was noted for
never having missed a Little League ballgame... and as a person who would repeatedly "...take in
stray kids."
Rex Barber was hospitalized for pneumonia in May, 2001, but seemed recovered after returning
home. He died quietly at home on July 26, 2001. His son, Rex Barber Jr. pausing on the phone to
hold back tears, said that his dad had enjoyed a good 84 years, then his "afterburner just flamed
out on him".
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