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44-577-Minutes for Meeting November 16,1982 Recorded 12/3/1982F N 11C .,i ~C 3 DESCHUTES COUNTY BOARD OF COMMISSIONERS 1982 NOVEMBER 16, 1982 - COURTDAY MEETING ROSEM.4R, PqT OESCyUTES TERSON COUNTY CERK Chairman Shepard called the meeting to order at 10:00 A.M. Commission- er Paulson and Commissioner Young were also present. Amendments to Chairman Shepard read aloud the amendments as listed on the Agenda the sheet attached to the agenda, noting that item #9.A. on the agenda would be postponed. Rick Isham, County Counsel, asked that a discussion regarding scope of the proposed drug paraphernalia ordinance. The Chair so amended the agenda. At this time Chairman Shepard noted that because of the Association of Oregon Counties meeting in Eugene this week, all matters on the agenda will be dealt with in today's meeting, and there would be no meeting tomorrow. Discussion re- Bob Lovlien, attorney representing the developers of garding Indus- Thorne Ridge, was present to discuss this. He explained trial Develop- that this was a proposed motel and convention facility ment Revenue that the developers hope to finance through Industrial Bonds for Development Revenue Bonds. He handed the Board a letter Thorne Ridge from the City of Redmond urging the Board's adoption of Development a resolution indicating the Board's support of the pro- ject. The facility is to be located on Highway 97 between the Big R store and the Wagner mall. This will double the number of hotel/motel rooms available in the Redmond area. The site consists of 10.5 acres. He showed the Board a vicinity map and there was some further discussion on the facility. MOTION: PAULSON moved to approve the resolution sup- porting Thorne Ridge development. r YOUNG: Second. At this time Dave Waldron, the architect for this project, arrived at the meeting. He had with him drawings of the proposed development which he displayed to the Board. He stated that this project has been underway for over a year and they have gone through extensive feasibility studies which indicate to them that this is a viable project and that this is a good time to get begin such a development. The convention facility is designed to seat 325 people and the structure will contain 100,000 square feet. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Consideration Mike Maier, Administrative Services, stated that the of Acceptance Committee who has been working on the 911 program with of 911 Con- the County recommends approval of the document now tract before the Board. The document would authorize the retention of a consultant to work with the emergency NOVEMBER 16, 1982 MINUTES: PAGE 1 r fi vCi R services departments within the different jurisdictions of the county with the objective of developing a 911 program. The funds come from a 3% telephone users tax and this money is dedicated for use in the 911 program. Darrell Davidson, County Undersheriff, has been involved with the 911 committee since its inception. He stated that the decision to retain a consultant was reached by the committee as it became apparent that they would not be able to reach a concensus on their own. He stated that he was in agreement with the decision to retain a consultant. This agreement will be.between Deschutes County, the City of Bend and the City of Redmond. MOTION: YOUNG moved that they approve the hiring of Wehrman Consultants, Inc. for the 911 study; that they approve the contract agreement. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Bill Gibson, Zoning Enforcement officer, handed to the garding Red Board copies of a Board order relating to this use and Tagging of a letter dated November 8 informing Mrs. Sabin-Carter Operation on that a violation notice would be going out the next day. Carter Prop- He stated that two weeks ago a neighbor came forth on erty behalf of others in the neighborhood complaining about alleged expansion of use on Pettigrew Road. At this time he introduced Fred and Alta Carter who were present and Joanne Frizee (Mrs. Sabin-Carter's daughter) who were present to discuss the matter, saying that they question whether or not this is really an expansion of the use. Joanne Frizee stated that there is only one neighbor who complained and there is no documentation to support his claim that he represents others. She stated that the question was whether or not they should be permitted to have log trucks on the property. There is only one log truck, and she did not feel that one log truck created any more impact that two or three dump trucks. She referred to the ordinance, which stated that the pre- existing use cannot create any more impact by expansion of use. She stated that this use is not creating more of an impact than has occurred there before. Chairman Shepard responded that his understanding of the ordinance allowed only for the repair of cars, small trucks and at least one dump truck-- logging trucks had not been mentioned. There is a limit to the number of vehicles allowed on the property at any given time and also the hours of operation were limited to between 7:30 A.M. and 4:30 P.M. Now there is a situation where the truck starts before 7:30 and there is activity after NOVEMBER 16, 1982 MINUTES: PAGE 2 4:30. The order governing the use of the particular property allows emergency repairs but it appears that routine maintenance had been done after hours, which would not constitute an emergency. Ms. Frizee stated that they could probably remedy the problem with operating outside of the time limits. There was much further discussion. Commissioner Paulson stated that the emergency repair allowance should be used only in the case of actual emergency repairs, and not routine maintenance. Ms. Frizee asked about changing the rule from 4:30 to a later hour. This was discussed and it was not agreed to change this requirement. MOTION: YOUNG moved to remove the red tag on the assumption that the order will be complied with. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. It was noted that the operator could be cited and that if this problem arises again, the county would cite the operator instead of the owner. Appointment of Rick Isham, County Counsel, explained that the Board Juvenile Ser- had received an application from Terry Rahmsdorff, vices Commis- Public Defender, to serve on the Juvenile Services Sion Commission. There had been a question as to whether this could create any sort of conflict, so Mr. Isham had checked on it. He contacted the Oregon State Bar Assoc- iation who advised him that there would be no conflict. MOTION: PAULSON moved to appoint Terry Rahmsdorff to the Juvenile Services Commission for the re- mainder of the existing unexpired term. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Oregon Drink- Chairman Shepard stated that this would be postponed ing Water until next week, when Jay Langley, County Sanitarian, Qaulity Act could be present. Request for Denyse McGriff, Planning Department, indicated that the Waiver of Fees department had received a request for waiver of fees for Mrs. Ash from Orra Ash and had referred the request to the Board. Mrs. Ash was present and explained that her husband has recently become disabled and is returning home soon, but the mobile home they currently have cannot accomod.ate a wheelchair, so they must buy another one that is larger so that he can get through the house. She outlined what the total fees from all departments would be (including $110 to the Planning Department for a conditional use application) and stated that she is not in a position where she can afford this at this time due to the costs NOVEMBER 16, 1982 MINUTES: PAGE 3 i 'r gg 5 related to her husband's injury. MOTION: YOUNG moved that because of the extra serious circumstances of this case that the fees be waived. SHEPARD: Second. It was noted that this was a total waiver of all depart- mental fees associated with the placement of this mobile home. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Order #82-315 Mr. Isham explained that these were all budgeted Transferring transfers. Funds MOTION: YOUNG moved to adopt order #82-351. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG. AYE. Tax Lot Seg- Before the Board was a tax lot segregation agreement regation for Ronald Metheny which segregated one acre out of Agreement a twenty-acre parcel for the purpose of financing a dwelling. MOTION: PAULSON moved to approve the tax lot segre- gation agreement. YOUNG: Second. VOTE:' SHEPARD: AYE. PAULSON': AYE. YOUNG: AYE. Request for Before the Board was a request for refund from the Refund Planning Department in the amount of $52 to Mary Sue Pate. The Board approved the request. Discussion on Mr. Isham requested that the Board define for him what Drug Paraper- they want the scope of the drug paraphernalia ordinance nalia Ordin- to be. Mrs. Oak, who had request that such an ordinance be adopted, wanted a total ban on the sale of all drug paraphernalia in the county. He stated that the county could adopt two different kinds of ordinance-- one would parallel the state statute and provide that drug para- pernalia be out of sight or displayed in a separate room and not be visible to minors in an area where they might be sold to a person of majority. It is not clear whether or not they have the authority to totally prohibit sales. They could adopt an ordinance prohib- iting sales to minors. There was further discussion in which the Board determined that they would prefer to have the less restrictive ordinance drafted in order to avoid being challenged. NOVEMBER 16, 1982 MINUTES: PAGE 4 Discussion re- Chairman Shepard stated that he had received a communi- garding Trans- cation from Dale Allen, State Transportation Director, portation indicating that additional funds for road improvement Funds under the six-year plan may become available to Deschutes County. They are requesting a recommendation on what projects should be funded with this money and recommended that it would be to the County's benefit to stand by their recommendation of previous priorities. There was some discussion of what projects needed the highest priority, with Highway 20 east of Bend; Highland. Road in Redmond and the area near Cinder butte being named as possibilities. Chairman Shepard stated that he would present this to the Bend Streets Committee for their recommendation and bring it back before the board after that time. Being no further business, Chairman Shepard adjourned the meeting. DESCHUTE~, CLA) f C W. COUNTY BOARD OF COMMISSIONERS PAULSON, i JR., COMMIS NER AL RT A. Y UN MISSIO 4' 9/ /ss NOVEMBER 16, 1982 MINUTES: PAGE 5