44-211-Minutes for Meeting September 29,1982 Recorded 9/29/1982'~A
DESCHUTES COUNTY BOARD OF COMMISSIONERS 6^.
SEPTEMBER 29, 1982 - REGULAR MEETING Lnn 44 -
Chairman Shepard called the meeting to order at 10:00 A.M. Commissioner
Young and Commissioner Paulson were also in attendance.
Public Hearing Rick Isham, County Counsel, showed the Board a map which
regarding Land indicated where this roadway would go. This is located
Exchange with near the demolition dump and Century Drive. They had
Larry Romaine to adjust the easement to avoid having to move a power
pole that happened to be a connecting pole which would
be very expensive to replace. He indicated to the Board
which land was involved in the exchange and the right-
of-way. There was some further general discussion.
Chairman Shepard opened the hearing. Being no comments,
he closed the hearing.
MOTION: PAULSON moved to approve the exchange of prop-
erty with Larry Romaine and approve Order #82-
238.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Public Hearing
Commissioner Young explained that at the time of the
regarding Land
land exchange between Deschutes County and Adminstrative
Exchange with
School District #1 for the Reid School there was a $50,000
Administrative
commitment on the part of the Historical Society, who
School Dist-
occupies the building. When the exchange was complete,
rict #1
the Historical Society did not have the funds so they
signed a promisory note due in September, 1983. They
do not now have the money and do not have any prospect
of having the money, so they approached the School Dist-
rict about the possiblity of an alternative. The School
District agreed to cancel the note in exchange for the
County lifting reversionary clauses on two parcels of
property transferred to the School District by the County.
That is what this hearing is in regard to. Mr. Isham
explained that the school will be carried as inventory
in the County Land Sales Fund and the District will give
the County a Quit Claim Deed.
Chairman Shepard opened the hearing. Bob Foley of the
Deschutes Historical Society was present and introduced
Wanda Clark, President of the Society, and Perry Hereford,
Secretary-Treasurer. He stated that speaking on behalf
of the members of the society they are very much in favor
of removing the reversionary clause.
Hearing no further comments, Chairman Shepard closed
the hearing.
MOTION: YOUNG moved to sign Order #82-326 and have
the proper documents prepared and executed
for the lifting of the reversionary clause
and the cancellation of the note.
PAULSON: Second.
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Deschutes County Board of Commissioners
September 29, 1982 - Regular Meeting 44
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Order #82-327
Mr. Isham explained that this was concerning a large
Providing for
parcel of county property located west of Bend being
Exchange of
exchanged for property of equal value in a subdivision
Real Property
owned by Brooks Resources called "The Farm". This will
with Brooks
be a three-way trade which will provide Bend Metro Parks
Resources
and Recreation with property for a fire break near Shevlin
Park. Brooks and Bend Parks had gotten an appraisal
of the parcels involved. It had been determined originally
that the property owned by Brooks proposed for trade
had been appraised as having less value than the County
land so it needed to be equalized. To do this, it had
been proposed to add another parcel of property not located
in The Farm subdivision, but because of some time constraints,
they added more subdivisions parcels to equalize the
trade. Mr. Isham noted that because this is a dollar-
for-dollar trade, no reversionary clause on the County
property is necessary. The County parcels consists of
355 acres and the Brooks property consists of 116 acres.
Mr. Isham stated that this trade is the first step in
a two or three step process.
Chairman Shepard opened the public hearing. Hearing
no comment, he closed the hearing.
MOTION: YOUNG moved to sign Order J82-327 making the
exchange with Brooks Resources.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
It is expected that all of the exchanges will be completed
by the first of the year.
Other Staff/
Bob Main,
Watermaster, stated that the State
Water Resources
Public Con-
Division
has requested that the lease between Deschutes
cerns
County and the Division for 1500 square feet
of office
Lease for
space be
extended. This is at a cost of $85
per month.
Watermaster's
MOTION:
YOUNG moved to extend the lease at
the same
office
rate.
PAULSON: Second.
VOTE:
SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re- Chairman Shepard stated that Officer Hayden of the State
garding Place- Police had contacted the county in regard to having the
ment of Snow snow gates on Century Drive being installed as soon as
Gates on Cen- possible. because of the snow conditions at that elevation.
tury Drive He is concerned that someone could become stranded in
a)8tidden heavy snowfall up there now, and feels that
it is time to close the road. Neil Hudson, Director
of Public Works, stated that the gates are ready to be
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Deschutes County Board of Commissioners
September 29, 1982 - Regular Meeting
voL 44 w-E 2113
installed, but the road crews are currently busy with
trying to finish the sealing program and expects that
a crew will be available to install the gates in two
to three weeks. There was much further discussion, after
which it was agreed that Commissioner Paulson, Mr. Hudson,
Officer Hayden, Jim France and Rick Isham should meet
to the policy for getting this done each year, as well
as this year.
Discussion re- Commissioner Young stated that they had received a letter
garding Fire from the State Fire Marshall in regard to the issuance
Permits of burning permits. This question had been raised before,
and Commissioner Young contacted Charles Traschel of
the Cloverdale Fire Protection District, who was going
to discuss this with other fire district personnel and
get back to Commissioner Young. Commissioner Young recently
spoke to Mr. Traschel who stated that there was a reluc-
tance on behalf of the districts to issue these permits
for the County, because of liablity. Mr. Isham stated
that as long as they were acting as agents for the County,
the County would retain the liablity. Commissioner
Young agreed to discuss this further with Mr. Traschel
and discuss it with the Board again after that time.
Discussion re- Mr. Isham stated that the Johnson Way of Necessity had
garding Way of been appealed to the Court of Appeals in Salem but he
Necessity Case does not plan to file a brief since the Board was acting
in a judicial manner in approving the Way of Necessity.
There is recent case-law that rules that the Board is
not a party when acting in a judicial manner.
He also stated that he is preparing an ordinance which
will shift the way of necessity hearings to the Circuit
Court rather than the County Court.
Being no further business, the meeting was adjourned.
DES TES COUNTY BOARD OF COMMISSIONERS
CLAY C. SHEPARD, CHAIRMAN
C
ROBERT C. PAULSON, JR., COMMIS ER
/f
ALBERT A. 244, CO SSIONER
/ss
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