45-376-Minutes for Meeting December 22,1983 Recorded 1/31/1983DESCHUTES COUNTY OARD OF COMMISSIONERS "i ~
DECEMBER 22, 19 3: - REGULAR MEETING 45 FA A%
JAN 3 x 183 -
Chairman Shepard called the meeting tomq~kq Fap EN 8CLRVA.M. Commissioner
Paulson and Commissioner Young were a o ppresnt.
M CF-b' E Ce&54TY CLERK
Amendments to There were three amendments to the agenda as follows:
the Agenda (1) Discussion regarding possible appointment to Cen-
tral Oregon Regional Housing Authority; (2) For Signature:
Cooperative Agreement providing for Child Support En-
forcement; and (3) Renaming of Pinewood Road.
Discussion and
Jim France, Sheriff, was present and displayed an assort-
Possible Adop-
ment of drug paraphernalia and explained its use. It
tion of Drug
was noted that this is what the ordinance will affect,
Paraphernalia
but a pipe display in a drugstore would not be affected.
Ordinance
Dorothy Oaks, a citizen who originally requested the
ordinance, had a copy of another more restrictive ordin-
ance and asked that the Deschutes County ordinance
be modeled after that one. This ordinance also outlawed
the sale of drug paraphernalia to adults. After some
further discussion, the Board elected not to restrict
the sale to adults. Mr. Isham stated that since we
are not a home rule county we may not have the ability
to enforce an ordinance such as the one proposed by
Mrs. Oaks because it provided for a $2500 fine.
MOTION: YOUNG moved to have the first and second
reading of Ordinance 82-022 by title only.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second readings
of the ordinance by title only.
MOTION: YOUNG moved to adopt Ordinance #82-022.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re-
Bob Gordon and Priday Holmes of the Deschutes County
garding Fair
Fair Association were present for this discussion.
Board - Pre-
They had recently put a project out to bid but did
vailing Wage
not publish the prevailing Wage Rates because they
Pates
are not a County entity. The Bureau of Labor requires
that any public works project bid based on prevailing
wage rates. The Fair Association maintains that they
are not recognized as such by the state in regard to
other matters and object to having to pay prevailing
wage rates.as is required for public works projects.
The only instance in which they are affiliated with
the County is that they are covered by County insurance.
The Fair Board is requesting the County's help in going
before the Wage and Hour Division in arguing that this
is not a public works project and not a County project.
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Deschutes County Board of Commissioners
December 22, 1982 - Regular Meeting
VOL 4 RAGE377
At.this point, they have 30 days in which to accept
or reject bids. They want to get this matter resolved
before this 30-day period is over, because they have
some favorable bids.
MOTION: YOUNG moved to instruct County Counsel
to see what he can put together to pre-
sent to whoever its got to be presented
to sustain their belief that this is not
a public project but strictly an Assoc-
iation project and has not connection
with the county whatsoever.
SHEPARD: Second.
Commissioner Paulson stated that if it is their opinion
that this is a Fair Board matter and not a County matter
then it is not appropriate for the County to argue
this for them. Mr. Gordon responded that the County
is involved by virtue of the fact that it received
the complaint.
VOTE: SHEPARD: AYE.
PAULSON: NO.
YOUNG: AYE.
Presentation Mr. Tuttle presented Chairman Shepard with a plaque
by Larry on behalf of the Mental Health Advisory Committee for
Tuttle his participation with their committee.
Discussion re-
Mr. Isham stated that this question had been raised
garding Fire
when leases came up for signature. He checked into
Patrol Asses-
the amount of the cost the county is paying for fire
sments Leases
patrol assessments to the related fire control dist-
rict. He requested authorization to amend the leases,
as the cost is more than he had been aware. He stated
that he would re-present these leases with a slight
amendment for fire patrol.
MOTION: PAULSON moved to re-sign these for
fire patrol.
YOUNG: Second
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re- Mr. Isham explained that they are entitled to file
garding Spoon- a complaint to recoup attorneys fees from someone who
ire Complaint was defended by public defenders but has assets from
for Attorneys which to pay attorneys fees. However, since this would
Fees be an "account receivable" if it were paid after the
first of the year the money would go to the state after
the state court takeover.
MOTION: YOUNG moved to assign this over to the
state and not pursue it.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
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Deschutes County Board of Commissioners
December 22, 1983 - Regular Meeting VOL 45 PAGF378'
Discussion re- The Engineer's report recommends not to vacate these
garding Vaca- because there are some utility right of ways. It was
tion of B.J. decided not to discuss this until the hearing and that
Pengra Rd. the utilities and any other affected agency should
and Pringle be notified of the hearing.
Falls Road
Discussion-re-
Before the Board was a letter from Faith Poppish of
garding reap-
the Housing Authority explaining that Frances Penderoy's
pointment to
term expired on July 14, 1982 and she is still serving
the CORHA
as a member and wishes to continue to do so. Robert
Board
Lutz has resigned so his position is open. Michael
Mullens' term expired on September 31 and he is still
serving. It is recommended that they appoint Mr. Mullens
to serve in Mr. Lutz's position. Mr. Mullens' position
is a "member at large" position appointed by the members
of the Board themselves. This would give the Board
the ability to fill the other open position themselves.
Chairman Shepard objected to this because each county
only has the opportunity to fill two positions on the
Board and Deschutes County is by far the largest.county,
so he felt that the County should take the opportunity
to fill both of its positions itself.
MOTION: PAULSON moved that the Deschutes County
Board of Commissioners reappoint Frances
Penderoy and then seek an individual for
the other opening.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Cooperative MOTION: PAULSON moved to approve the Cooperative
Agreement for Agreement for Child Support between the
Child Support County and the State.
Enforcement YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Ordinance for Jordan Maley, Planning Department, gave a brief his-
the Renaming tory of this item, explaining that they had neglected
of Pinewood to have the Board sign an ordinance changing the road
Road name.from Pinewood Road to Pine Fiver Road.
MOTION: YOUNG moved that the first and second readings
be by title only.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second readings
of the ordinance by title only.
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cDeschutes County Board of Commissioners
December 22, 1983 - Regular Meeting
vu 45 PAGE '
1-4
MOTION: PAULSON moved to approve the ordinance
(ordinance 82-047).
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
KBND Lease MOTION: YOUNG moved to approve the addendum.
Addendum PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Ordinance 82- This was a zone change from EFU-40 to MUA-10 as a result
046, Amending of a zone change application submitted by Donald Morris.
PL-15 MOTION: YOUNG moved that the first and second
readings be by title only.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second readings
of the ordinance by title only.
MOTION: YOUNG moved to adopt Ordinance 82-046.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON : NO-,
YOUNG: AYE.
Order 82- This was transferring money that will be a cash carry-
373, Trans- over next year.
ferring Ap- MOTION: PAULSON moved to approve Order 82-373.
propriations YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Ordinance 82- MOTION: PAULSON moved to have the first and second
012, Infrac- reading by title only.
tions YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second reading
by title only.
MOTION: PAULSON moved to approve Ordinance 82-012.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
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o.
Deschutes County Board of Commissioners
December 22, 1982 - Regular Meeting V01 L 11 °E 8
MP-81-16, This was delayed until the following week at the request
Judy Dillman of the Planning Department.
Being no further business, the meeting was adjourned.
DESCHUTES.-COUNTY BOARD OF COMMISSIONERS
CLAY C
S EPARD, CN
ROBERT C./fAULSON, JR., COMMISSIONER
AL A. YOUNG; COMMI ONER
/ss
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