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45-187-Minutes for Meeting January 19,1983 Recorded 1/31/1983Az E D VOL 45 PACE 187 DESCHUTES COUNTY BOARD OF COMMISSIONERS JAN 31!1983 JANUARY 19, 1983 - COURTDAY MEETING MARY SUE PENHOLLOW Chairman Young called the meeting to D§M-4XE_Sat0bQ1fDQ:L&KM- Commissioner Prante and Commissioner Tuttle were also present. Amendments to Chairman Young read aloud the list of amendments to the the Agenda agenda. No additions or corrections. Discussion re- Mike Maier, Director of Administrative Services, stated garding Exten- that the Extension Service is moving some offices into sion Service the Annex and has a need for addition space. In order /Annex Space to facilitate this, they are requesting that the Hearings Officer's secretary be moved into the BPS Services office. He showed a diagram outlining the proposed division of space. MOTION: PRANTE moved to approve the request. TUTTLE: Second. Mr. Maier noted that the remodelling costs would be borne by the Extension Services VOTE: UNANIMOUS APPROVAL. Award of Bids Doug Maul, Facilities Coordinator, recommended that the on Cell Block Board award the bid to George Hansen Construction, whose "A" bid was lowest and met bidding specs. MOTION: TUTTLE moved that they award the contract with George Hansen Construction Company for the in- stallation of cell block doors. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Neil Hudson, Director of Public Works, stated that they garding Pur- had received a proposal for a DEC computer that exceeded chase of Com- the allocated amount by about $20,000, however due to puter its greater capabilities he is recommending that this system be purchased. MOTION: TUTTLE moved to accept the recommendation of the Public Works Department for the purchase of the computer at $59,5080 PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Public Hear- [See attached material regarding these hearings includ- ings/Road ing hearing agenda. Slides were shown depicting roads.] Vacations 1) Cascade Lakes Highway This is a right of way no longer in use because of reconstruction. The Public Works department recommends approval. Chairman Young opened the public hearing. There were no comments; hearing closed. JANUARY 19, 1983 MINUTES: PAGE 1 Vol, 45 FACE 188 MOTION: PRANTE moved to accept the recommendation of the Public Works Department to approve vaca- tion of this portion of Cascade Lakes Highways TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. 2) Couch Market Road The Public Works Department recommended approval on this. It is also the result of road reconstruction and is no longer in use. MOTION: PRANTE'moved to vacate the section of Couch Market Road as recommended by the Public Works Department. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. 3) Fifth Street Mre Hoerning stated that they recommend denial of this because it will landlock a parcel owned by Mre Kudza (who did not sign the petition for vacation). Chairman Young opened the hearing. Mrs. Dennis Carter came forward and stated that Stillwell street would provide this lot access. The petition calls for 5th Stag Stillwell Ste and an alley to be vacated. She requested that at least 5th Ste be vacated. Mro Hoerning commented that the possible Stillwell access is questionable because of a previous vacation of a portion of that road. Mre Stowellburg commented that he was in favor of the vacation. Because of the need for additional information, the hearing was continued until January 26. 4) First, E and A Street Mro Hoerning indicated what portion of First Street would be vacated (part of it provides access to a house). A and E streets have utility rights of way that must be maintained. Chairman Young opened the hearing. Randy Povey, Surveyor representing the petitioner, Randy McKnight, showed the Board the replat being proposed which would allieviate the problem of landlocked parcels. Rick Isham, County Counsel, stated that they could only approve the vacation contingent upon the replat and they also should make sure there are no utility right of ways that would be affected. Ron Douss, 1783 E St., Terrebonne, stated that he uses E Street (the portion to be vacted) to access the lower portion of his property and is opposed to the vacation. Based on the need for additional informaton, this hearing was continued to January 26e 5) Kemple Drive - West Campbell Public Works Department recommended approval. Chairman Young opened the hear- ing. Richard Jones, 19470 Kemple, stated that he was opposed to the vacation because of a lack of information as to how the property would be used after vacation. He stated that the owners operate a community water system that is now at full capacity. He did not want a cement JANUARY 19, 1983 MINUTES: PAGE 2 VOL '5 ?AGE 189 cistern building to be constructed on that site because it would interfere with the aesthetics of the neighborhood. Dennis Gorman, 19443 Cartmill, was opposed because if that is vacated it will make it necessary to execute a three-point turn to negotiate the curve and if the road is ever paved it will make it necessary to regain the property at a cost to the county to construct the turn. He also objected to the possib- ility of a cement structure. Gary Davis, 19492 Kemple, stated that he concurs with previous testimony given. Mark Komas, 19506 Kemple, stated that he also concurs with previous testimony. Peggy Price, 19247 Cartmill, stated that she is in opposition to the development of this property as a water system facility. Leonard Sherr, 19471 W. Campbell, stated that he was also in opposition. He understands that the petitioner has run out of water shares for the system and to enlarge the capacity must build another cistern which could be constructed on this site. Don Price, 19467 Cartmill, ave a brief history of the ownership of the well located on the property to be vacated) and stated that the water system is in need of inspection. It was the concensus of the Board to continue the hear- ing until January 260 6 - 9) O.H. Talbot Road, Old B.J. Pengra Road, Pengra Hunnin ton Road and Pringle Falls Road The Public Works epar men recommended a rig o way be retained on O.H. Talbot Road, and vacate a portion extending to Burgess Rdo Also recommend that Pringle Falls be retained from BJ Pengra Road to the River and vacated from the river west. Also recommended vacating portion of B.J. Pengra Road from from Pringle Falls road northerly to Pengra Hunnington Rdo Also recommend that Pengra Hunnington Rde only be vacated in portions shown as obliterated in the improvement plans. Chairman Young opened the public hearing. Win Frances, attorney representing the petitioner, Don Pennington, displayed a map indicating these roads. They are withdrawing petit- ion to vacate O.H. Talbot Road to preserve river access. They also agree with the recommendation on Pringle Falls Road and will also allow water gauging facilities at the request of the W atermastero They also concur with the recommendation on B.J. Pengra Rdo and O.H. Talbot Rde It was noted that the bridge will be given to Mr. Pennington. , MOTION: TUTTLE moved to approve the vacation as mod- ified vacating that portion of O.H. Talbot Rde from Burgess Rde to section line between Sec- tion 3 and 100 PRANTE: Second. VOTE: UNANIMOUS APPROVAL. JANUARY 19, 1983 MINUTES: PAGE 3 VOL 45 FACE 190 MOTION: PRANTE moved to vacate Pengra Hunnington Rd. as modified * TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to approve as modifiedo TUTTLE: Second. [Above motion in reference to Pringle Falls Rd.] VOTE: UNANIMOUS APPROVAL. 10) Redmond Caves Road Mre Hoerning stated that the City of Redmond is petitioning this vacation. Due to the reconstruction of the Airport Rd. this is no longer in use. They want to vacate it so that it can be developed. Chairman Young opened the hearing. Being no comments, hearing was closed. MOTION: PRANTE moved to approve the vacation as recommended by the Road Department. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. 11) Richardson Road Mro Hoerning recommended that a portion of this not be vacated as it serves two lots. This road was created in an old plat and at this time only a fence exists on the right of way. Chairman Young opened the hearing. Mary Norton, Madras, had sent a letter indicating her opposition because the road serves as access to her property. Chairman Young closed the hearings MOTION: PRANTE moved to accept the vacation as mod- ified. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. 12) River Bend Drive Mre Hoerning explained that this was a portion of an LID that had taken a different right of way during construction, leaving this portion unused. Approval recommended. Chairman Young opened the hear- ing. Being no comments, he closed the hearing. MOTION: PRANTE moved to accept the vacation of River Bend Drive. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. 13) SW 27th_- Evergreen Mre Hoerning stated that this does provide access to a lot that has another access, so this would not create a landlocked parcel. Public Works recommends approval. Chairman Young opened the public hearing. Bud Ivancovich, 2988 W. Antler, Redmond, stated that this provides access to the south portion of his property and this is the only access to that portion of his property. He provides to access the sewer system from a neighboring subdivision by way of this right of way. Mro Hoerning recommended that they vacate this with the understanding that utility right of ways would JANUARY 19, 1983 MINUTES: PAGE 4 . Vut 5 PACE 191 be maintained. Commissioner Tuttle declared a possible conflict of interest because he had been retained in the ast by the developers of this subdivision. p MOTION: PRANTE moved to vacate as recommended. YOUNG: Second. VOTE: APPROVAL; TUTTLE ABSTAINED. 14) Tumalo Alley This had never been developed as a road. Public Works recommended approval. Chairman Young opened the hearing. Martin Winch, attorney representing the petitioners, was present to answer questions but did not submit testimony. Being no testimony, Chairman Young closed the hearing. MOTION: TUTTLE moved to approve the vacation for the alley in Block 20 in Tumalo. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Chairman Young stated that the Federal Emergency Ser- garding Up- vices Department has chosen Deschutes County as a County dating Emer- they will update the emergency services plan for, at no gency Services cost to the county. They are requesting approval from Plan the Board to do so. MOTION: TUTTLE moved to participate in the updating of the Emergency Services Plan for Deschutes County. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Personal Ser- MOTION: PRANTE moved to accept and sign the contract. vices Contract TUTTLE: Second. /Electrical VOTE: UNANIMOUS.APPROVAL. Inspections Bend Urban John Andersen, Planning Director, stated that at a re- Area Planning cent meeting between the Board, City Commission and the Commission Bend Urban Area Planning Commission it was requested 1983 Work that priorities be set for the BUAPC. Among those Program suggested were (1) Capitol Improvements Progam; (2) (action item) Solar Access Ordinance and (3) Bend Area General Plano He also requested that an ex-officio member from the Board be appointed to meet a couple times per year. MOTION: TUTTLE moved to ask John Andersen to forward the recommendations as he set forth to the Bend Urban Area Planning Commission and City Bend. PRANTE: Seconds VOTE: UNANIMOUS APPROVAL. -It was agreed to appoint an ex-officio member from the Board at a later time. JANUARY 19, 1983 MINUTES: PAGE 5 va 45 ?AGE 92, Appointment to The City of Redmond recommended that Greg Barrum and Redmond Urban Phyllis Sturza be appointed. Commissioner Young stated Area Planning that he would rather have the county suggest these ap- Commission pointees because the County appoints. a limited number to (action item) the Commission. MOTION: PRANTE moved to appoint Greg :Barham and Phyllis Sturzae TUTTLE: Second. VOTE: APPROVAL; YOUNG ABSTAINED. Discussion re- Mr. Isham stated that he has received requests from garding Klip- people residing within this proposed LID that it be pel Acres LID re-initiated. According to State statute, it cannot be reinstated for a period of at least one year. MOTION: TUTTLE moved that they not proceed on Klippel Acres LID until the one-year statutory limit- ation is past. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. At this time the meeting recessed for one hour for lunch. It was 12:15 p.m. MJP-81-1, John MOTION: PRANTE moved to approve MJP-81-1 with Dec- Leavitt laration of Dedications TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Amendment to This was a resolution amending nunc pro tunc resolution Dog License 83-003 raising dog license fees. Fee Resolution MOTION: PRANTE moved to approve the resolution. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Bargain and MOTION: TUTTLE moved to sign the Bargain and Sale Sale Deed to Deed to Hester and Duycko PRANTE: Seconds VOTE: UNANIMOUS-APPROVAL. Personal Ser- This was to modify vehicle mileage reimbursement from vices Contract $020 per mile to $030 per mile. The Board agreed to with Ste Chas. the modification. Medical Center Renewal of MOTION: PRANTE moved to approve the renewal. Wrecking Lic- TUTTLE: Second. ense for Ace VOTE: UNANIMOUS APPROVAL. Auto JANUARY 19, 1983 MINUTES: PAGE 6 45 PAGE 1-93 Being no further business, the Board adjourned into Executive Session. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOUNG, J AIRMAN 4IRISTOW PRANTE, COMMISSIONER LAURENCE A. TUTTLE, COMMISSIONER /ss JANUARY 19, 1983 MINUTES: PAGE 7 DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 19, 1983 - EXECUTIVE SESSION VOL 45 PACE 194 Chairman Young called the executive session to order under the authority of ORS 192.660 (1)(D) for the purpose of dis- cussing litigation. Those present were: Chairman Abe Young; Commissioner Lois Prante; Commissioner Larry Tuttle; Rick Isham, County Counsel; Susan Stoneman, Recording Secretary; and Dick Higgin, The Nugget newspaper. DESCHUTES COUNTY BOARD OF COMMISSIONERS E ALBERT A . YOUNG e/ ,AIRMAN JAN 31 1983 ' aL~' Lac' MARY SUE PENHOLIO )fSChiUTES COUNTY CLERK L BRISTOW PRANTE, COMMISSIONER URENCEJA. /ss E, COMMISSIONER PAGE I OF 1 DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 19, 1983 - EXECUTIVE SESSION VOL 115 PArF- 1.9-5 Chairman Young called to order the Executive Session at 1:35 P.M. It was called under the authority of ORS 192.660 (1)(D). Those present were: Chairman Abe Young; Commissioner Larry Tuttle; Commissioner Lois Prante; Rick Isham, County Counsel; Mike Maier, Administrative Director; Sue Stoneman, Secretary; and Dick Higgin, The Nugget Newspaper. The topic of discussion was personnel. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOUNG, IRMAN G r 11983 I0 ZS BRISTOW PRANTE, COMMISSIONER MARY SUE pE 'DESCHUrES Nr~©LLOW Ct)U,NI'Y CLERIC LAURENCE A. TU TLE, COMMISSIONER /ss PAGE 1 OF 1