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44-205-Minutes for Meeting September 28,1982 Recorded 10/15/1982VOL 44 r*c r 9 F I L E DESCHUTES COUNTY BOARD OF COMMISSIONERS c c r 16 1982 SEPTEMBER 28, 1982 - REGULAR MEETING DROS T SRY PATTERSON couNTY CL,X Chairman Shepard called the meeting to order at 10:00 A.M. Commis- sioner Paulson and Commissioner Young were also present. Amendments to There were four amendments to the agenda, which are the agenda listed as follows: (1) Appointment of John Andersen as Administrator of the Energy Grant - Bob Paulson (2) Discussion regarding Land Action with Earl Nichols - Bob Paulson (3) Discussion regarding LaPine Wood Program - Clay Shepard (4) Discussion regarding hours of operation during Christmas holiday - Clay Shepard Acceptance & Doug Maul, Facilities Coordinator, was present to dis- signature of cuss this. He presented to the Board the contracts contracts for for the construction of the Sheriff's substation in La- LaPine Sher- Pine. These had been signed by Argent Industries, who iff's sub- won the bid on the construction. Mr. Maul also stated station that they have obtained insurance for Workmen's Comp and that there were no problems with the subcontract- ors. MOTION: YOUNG moved to award the contract to Argent Industries of Aloha, Oregon. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Mr. Maul noted that they expect the project to be com- pleted in about five months. He then introduced repre- sentatives of Argent Industries who were present. Discussion re- John Andersen, Planning Director, had sent a memo to garding Mining the Board in regard surface mining reclamation author- Reclamation ity. Mr. Andersen explained that they had been trying to obtain authority from DOGAMI to enforce surface mining reclamation. He stated that at this point they have not been successful with that, so they have de- cided to to use local authority through the comp plan and through the zoning ordinance to require a site plan, which would assure that the mining taking place would be compatible with the surrounding uses and that the surrounding uses would be compatible with the mining. He stated that the county also has the auth- ority to require bonds. SEPTEMBER 28, 1982 MINUTES: PAGE 1 r va 44 PACE 2J'6 MOTION: PAULSON moved that the Board direct staff to institute a program wherein the mining land reclamation of the comp plan will become a part of the Site Plan approval process. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion & Mr. Andersen stated that they have conducted a number Authorization of these grants through money obtained from Central for COIC to Oregon Intergovernmental Council (COIC). He stated Pay for Econ- that Robin Bradley's study of the ordinance and proced- omic Develop- ures and the camera-ready copies of the LaPine Indus- ment Grants trial Site have been completed. The camera-ready copies of the Bend Land Bank are also complete. He stated that these projects had been very successful. Chairman Shepard stated that the presention on the LaPine Industrial Site given before the Planning Com- mission had been very good. He also noted that no member of the LaPine Industrial Committee had been present at any of the meetings but it is assumed that they are satisfied with the study. He also commended Mr. Andersen for his work on these projects. MOTION: YOUNG moved to authorize payment. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Appointment to The Board had received a letter from the district re- River Bend Es- commending that Bruce McCoy be appointed to serve on tates Special the district's board. He would complete a term unfinished by another member, commencing on July 1, 1982 and would subsequently be appointed to a term beginning January 1, 1983 and ending December 31, 1985. MOTION: PAULSON moved to approve the appointment of Bruce McCoy to the term indicated. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Acceptance of Jordan Maley, Planning Department, and Bob Shimek, Cen- 208 Water tury West Engineering, were present for this. Mr. An- Study and Ter- dersen had sent the Board two memos indicating the rebonne Water Planning Commission's recommendation to the Board to Study accept these studies. Mr. Maley read these memos aloud. MOTION: PAULSON moved that the Board approve both plans and direct staff to implement them. YOUNG: Second. Chairman Shepard commended Mr. Shimek on the excep- tional work Mr. Shimek had done on these management SEPTEMBER 28, 1982 MINUTES: PAGE 2 VOL 44 FACE 207 t plans and the professional way in which the people in LaPine and the staff and consultant had worked together on this project. He noted that these projects were begun 26 months ago. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Appointment of MOTION: PAULSON moved that the Board appoint John John Andersen as administrator of the Deschutes County as Administra- energy grant. for of Energy YOUNG: Second. Grant Commissioner Paulson explained that this was being done because he would not be in office for the duration of the grant. Also the grant coordinator, Betsy Shay, will be gone this year and the grant will be contracted out. Betsy had been a county employee. He had discussed this with Mr. Andersen, who had agreed to take charge of the administration of this grant. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. It was the concensus of the Board to amend the motion to instruct County Counsel to draft a resolution so appointing Mr. Andersen, for the Board's signature at a later time. Discussion re- Chairman Shepard stated that he had received a call garding LaPine from Diane Martin of CODE X in LaPine in regard to the Wood Program possibility of obtaining county funds for the wood program. She had stated that the program is not functioning at this time because they have no funds to purchase gasoline to run the trucks. Mr. Whitney is no longer involved with the program. There is some wood stockpiled and volunteers are available. At this time their only problem is that they don't have funds to purchase gas. She had requested that the County provide funds for this purpose. Chairman Shepard had told her that he would place the matter on the agenda for Board decision. Commissioner Paulson stated that it was his feeling that a nominal fee should be charged to the recipients of wood in order to pay for gas. He did not feel that it would be appropriate for the County to fund this program. Commissioner Young stated that that was his feeling as well, that this would only open the door for similar requests. Chairman Shepard stated that he disagreed with that opinion. He stated that during the Budget Board meetings funds are given to Senior Citizens in Bend and Redmond because they are organized and each year make a funding request. He stated that although LaPine SEPTEMBER 28, 1982 MINUTES: PAGE 3 Vol, 44 FACE 2,018 r seniors have not formed an organization, this program benefits many of the senior citizens in the area and this would provide the county the opportunity to assist the LaPine area seniors as well. He felt that to provide wood to these people was very important. MOTION: SHEPARD moved that they take $1,000 from contingency and allocate it through COCOA for the purpose of buying gas for the LaPine Wood Program. YOUNG: Second. Commissioner Paulson stated that this was enough money to buy 10,000 gallons of gas. Mr. Isham stated that the County gave the program $3,000 last year through COCOA. There was some further discussion. VOTE: SHEPARD: AYE. PAULSON: NO. YOUNG: AYE. Discussion re- Chairman Shepard stated that he had been asked by a de- garding Holi- partment head if it would be alright to close the day closure afternoon of Christmas Eve. There was much further discussion. MOTION: PAULSON moved that the County include Friday afternoon, the 24th of December, one of the County holidays starting at noon December 24. YOUNG: Second. There was much further discussion, in which it was dis- covered that the Friday prior to Christmas and New Year's had been deemed a holiday since the actual holiday fell on a Saturday. Because of this, the motion was withdrawn. Discussion re- Earl Nichols was present to discuss this. He stated garding Land that this involved a 2500-acre parcel of county land, Action which was being partitioned to create an 80-acre parcel which will be transferred to Bend Metro Parks and Rec- reation. He stated that eventually this land would be traded to Diamond International and become part of their commercial forest. Mr. Nichols requested that John Andersen, Planning Director, make an administrat- ive decision on this variance application. Mr. Andersen stated that private developers had submitted similar variance applications, but it was his feeling that this went beyond the scope of what the Board had intended to be covered by administrative decisions, and had requested a Board directive in this matter. Mr. Nichols stated that because there would be no develop- ment on this property, it would be used as commercial forest, there should be no problem with doing this administratively. He suggested that they put a covenant on the parcel restricting it from development, in order that the application could be processed administratively, which would be faster. There was some further general discussion. SEPTEMBER 28, 1982 MINUTES: PAGE 4 R VOL 44 FAc-2, 39 MOTION: PAULSON moved that the Board set a policy clarifying the ordinance giving administrative review authority to the Planning Director, the policy being that partitions involving the ex- change of property between two public bodies can be originally decided by the Planning Director. YOUNG: Second. Chairman Shepard stated that he felt that this is precedent setting and they could not always be guaranteed that someone of John Andersen's same caliber would always be in that position. This was discussed further. Commissioner Young stated that the policy could always be changed if it became necessary. VOTE: SHEPARD: NO. PAULSON: AYE. YOUNG: AYE. OLCC License Before the Board were several OLCC Liquor License Renewals Renewal applications. All had been approved by the Sheriff's office and had paid the clerk's filing fee. One was for the Deschutes River Trout House in Sunriver and the other was for Jack's Saloon in Terrebonne. MOTION: YOUNG moved that the Trout House and Jack's Saloon be approved. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Request for Refund Lease for Rainbow House Before the Board was a request for refund in the amount of $176.20 to William F. Perlicht. The Board approved the request. Mr. Isham stated that the lease form for the Rainbow had been changed at his request and he is satisfied with the current language of the document. He stated that this is the same house they had been using in the past. MOTION: PAULSON moved to approve. YOUNG: Second. Mr. Isham noted that this would be the last year they would use this house, as this program will be housed in the Post Office building after remodelling is com- pleted. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. SEPTEMBER 28, 1982 MINUTES: PAGE 5 VOL 44 pAxf 21 There being no further business at this time, Chairman Shepard re- cessed the meeting until 10:00 A.M. the next day. DESCHUTES COUNTY BOARD OF COMM ONERS CLAY D, CHAI M ROBERT C. AUL. rrr~ JR., COMMI'~ NER AL ERT A. Y U# MISjSR /ss SEPTEMBER 28, 1982 MINUTES: PAGE 6