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44-710-Minutes for Meeting November 30,1982 Recorded 1/7/1983IL DESCHUTES COUNTY BOARD OF COMMISSIONERS 4 OVEMBER 30, 1982 - COURTDAY MEETING 6 U JAN 7 1933 X 4 4 rAc _AARY SUE P~ CI-16Ft Pawyo110W c0WiV~ Chairman Shepard called the meeting to order at 10:00 A.M. Commiss-o Paulson and Commissioner Young were also present. Amendments to There were three amendments to the agenda listed on the Agenda the sheet attached to the Agenda as well as a discussion regarding use of Sabin-Carter property. Thy enwere no further amendments to the agenda. Chairman Shepard so amended the agenda. Discussion re- Jay Langley, County Sanitarian, stated that about a garding Comp- month ago the Board had met with John Huffman of the liance with State Health Division in regard to the County working; Oregon Drink- with the State to implement the Oregon Drinking Water ing Water Qua- Quality Act. The state is requesting that the Counties lity Act implement the program within their jurisdiction. Chair- man Shepard stated that Oregon has one of the highest rates of water-borne diseases in the nation. Mr. Langley stated that this would require some training:wf~..the'san-:' itarians but that the State has agreed to kovide it at no charge. They had indicated there was a possibility that they would conduct the training locally, but if;" they do not, the county would have to pay for trans-'` portation and lodgin The state willi roy, de $14.pe-~..... ll we plus $3,000 to 4,000 to conduct progrram.- This is approximately half of the total cost to the county to conduct this work. Commissioner Paulson asked if it would be possible to charge a fee for making these inspec- tions as the county does with its other inspe~tkibris;. ° This could offset the county's cost in administering the program. Mr. Langley agreed to contact Mr. Huffman to determine whether or not the county would be allowed to charge such a fee. It was noted that if there is a violation, the state will provide enforcement. Mr. Isham suggested that the county ordinance also provide for enforcement on the county level because there have been instances when the state was short on funding they cut back on enforcement measures. Mr. Langley stated that he would also find out more from Mr. Huffman in regard to enforcement, and also on the training available. He stated that he would try contacting Mr. Huffman that day so that he could report back to the Board at their next day's meeting. Discussion re- Mr. Isham stated that he had verbally rejected a tender garding Fowler on this case pending the Board's approval. This is vs. Deschutes Margaret and Raymond Fowler vs. 39 defendants, among Couunty et al them Deschutes County. The statutory bond holder has been named in the suit and it is their feeling that they would only be liable to pay personal judgement rendered by the court against the county. They are asking to county to provide representation. It is Mr. Isham's opinion that the county should reject this tender because American States Insuranceis possibly a. party in their own right and we would not be responsible to defend them. &merican States Insurance was our insurance carrier at the time covered in the suit. If the county Paste 1 of 4 eschutes County Board of Commissioners va 44 PACE 71-1 ovember 30, 1982 - Courtday Meeting 4_ .1 1 is found to be in the wrong, it may be required to pay a portion of their legal expenses or damages is the county is found to be negligent and the county may have a responsibility to help defend them.' Mr. Isham suggested that the Board reject the tender and also noted that we have moved to dismiss the complaint in Circuit Court. He noted that American States Insurance is also named in the suit and that they and 13 or 14 others named in the suit have also moved to dismiss the action. MOTION: PAULSON moved to refuse tender and notify American States Insurance Company. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Doug Maul, Facilities Coordinator, stated that he had garding pos- received a request from the Forest Service to lease sib lc lease of some county land, located at the old,dump site in Lapine.,-. County land to for use as a temporary 'log scaling station. This would' Forest Service be used'for approximately six months, while they find a permanent site. This land is located in'the Lapine Industrial Park. The Board's concensus was that;since r- this was located in the Lapine Industrial Park, the members of the Industrial Park Committee should first' = give approval. Mr. Maul stated that the Forest Service would like an answer within a few days. After some further discussion, the Board suggested to Mr. Maul that he contact John Andersen, Planning Director, who''- works with the Lapine Industrial Committee. Mr. Andersen.,, can then coordinate with the committee in regard to this issue. Mr. Maul will then come back before the Board after receiving the committee's approval. Discussion re- Mr. Isham stated that he did not adopt thelanguage garding Lake of the Lake County ordinance for the purpose of incorpor- County Land ating with our ordinance because of the nature of the Use Enforce- language. At this time the Deschutes County ordinance ment ordinance draft is very close to being finished.' He briefly outlined some of its provisions. Mr. Isham felt that the Lake County ordinance runs a risk of slander of title without due process. Deschutes County's ordinance provides that any enforcement action must be anticedent to,a decision by the Administrative Law Judge. The Lake County ordinance provides that no provider of electric power will provide power to the property that is not in compliance. Mr. Isham recommended that we go to the power companies and discuss this with them before making any decisions. There was some further discussion in regard to the possibility of coordinating with the power companies on this. Page 2 of 4 •Deschutes County Board of Commissioners November 30, 1982 Courtday Meeting N 49 vo 4 4 vAcE , L John Andersen, Planning Director, stated that he agreed with Mr. Isham in regard to the problems with the title, but felt that perhaps the power comapnies would agree to require a form indicating that permits had been obtained- before installing a power hook-up. This could also be coordinated with mobile home movers. Commissioner Paulson suggested that Mr. Andersen and Mr. Isham do some background work on this with the power companies ,,,and other utilities and service providers and report back to the Board. Other Staff/ Commissioner Paulson announced that there would be a Public Con- joint meeting of the Bend Urban Area Planning Commission, cerns the Deschutes County Planning Commission and the Commis- sioners elect to discuss goals to be established for the coming year. This will be December 6 at 7:30 P.M. Sabin-Carter Commissioner Paulson stated that he has received sev- Non-conforming eral calls in relation to the operation taking place use of Prop- on the Sabin-Carter property located on Pettigrew Road. erty Bill Gibson, Zoning Enforcement Officer, stated that he had received a call from a neighbor who stated that work had begun that day at 6:11 A.M. and they worked Sunday and Thanksgiving Day. He felt that at this point they must determine what type of legal action should be taken to correct this. There was much further dis- cussion on the proper way to proceed at this point. It was agreed that Mr. Gibson should consult with the District Attorney and proceed under his advisement before issuing a citation. General Fund There were no comments or questions. Bills/Road Department Agreement for Neil Hudson, Director of Public Works, stated that he Solid Waste has negotiated with the consultant and had come up with Consultant the agreement now before the Board. Mr. Isham had reviewed the documents. He stated that they had deleted any reference to the transfer station analysis which allowed them to determine a fixed fee of $10,000. The consult- ant will perform a public opinion survey, an analysis of the landfill fees and determine a 'fees by user group' breakdown analysis. This will also allow the transfer station analysis to be done at an additional cost at a later time if the Board chooses to do so. The completion date for this project is January 26 as stated in the contract. After that, the Solid Waste Advisory Committee will review it and make any adjust- ments they desire and refer it to the Board. Mr. Hudson Page 3 of 4 ._r Deschutes Nove r b County Board of Commissioners 1982 - Co rtd M 30 ti l 44 m e , u ay ee Fc ng Vo A. stated that it is their intent to utilize this infor- mation when formulating the annual budget. MOTION: PAULSON moved to approve the agreement... °r. between Deschutes County and R.A. Wright_,, Engineering. YOUNG: Second. Mr. Isham asked about the method of charging landfill fees other than unit of.measure. He suggested that the consultant outline various methods of charging fees and have that information contained in the analysis. Mr. Hudson agreed to ask the consultant about this and negotiate a fee. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Request f or Before the Board was a request for refund in the,amount Refund of $78.00 payable to Lawrence Clausen from the Planning Department. The Board approved the request. Being no further business, the meeting was adjourned. DESCHUTU COUNTY BOARD OF COMMISSIONERS ard, Cha C1 Al Ro /ss Page 4 of 4