44-485-Minutes for Meeting November 02,1982 Recorded 11/15/1982. Vol 44 FAcF MD L E® DESCHUTES COUNTY BOARD OF COMMISSIONERS NOV 1,5 1982 NOVEMBER 2, 1982 - REGULAR MEETING ROSEMARY SRY PATTERSON D COUNTY CLERK Chairman Shepard called the meeting to order at 10:00 A.M. Commissioner Paulson and Commissioner Young were also in attendance. Amendments to Chairman Shepard listed the amendments to the the Agenda agenda: For signature - OLCC license renewal with letter to OLCC, a request for a refund, a discussion regarding the national register nomination of Paulina Lake Cabins, The Hearings Officer's service contract, the storage of the ballot boxes, letter to the Farmers Home Adminstration regarding hail-stone crop damage to Lower Bridge area, and a discussion regarding a notice of fee assessment. Notice of Rick Isham indicated that the letter for an Assessement of assessment of fees was received in June, 1982 Fees and wondered which fund to pay the fees from. Commissioner Paulson asked the amount, and Commissioner Young replied $1,445.00. MOTION: Commissioner Paulson moved that the fees be paid from the Forest Receipts fund YOUNG: Second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE Discussion of Bob Lovlien addressed the request for a waiver Fee Waiver of the fee for a zone change which was not recommended by the Planning Department's staff. The subject property was inadvertly excluded when the majority of the adjacent property's zoning change was approved by the Hearings Officer. Commissioner Paulson accertained that only about 11-i. acres was involved in this request. Craig Smith indicted that the zoning would involve a long angular piece of land if the re-zoning was completed. Chairman Shepard voted no, Commissioner Young and Commissioner Paulson voted to approve the fee waiver. All fees were waived. NOVEMBER 2, 1982 MINUTES: PAGE 1 VOL 44 PA,_ 486 Discussion Bill Gibson came before the Board and regarding Zoning passed out information to the Commissioners. Violation He then addressed Ordinance #81-209 involving the Sabin-Carter property. Commissioner Paulson had logged the original complaint in August of 1982. It has been established that the conditions for this pre-existing non-conforming use have been exceeded. Mr. Gibson established that the hours of operation have been violated, the types of vehicles have changed and the noise level has been violated. Mr. Gibson also indicated that the vehicles that are being repaired are no longer limited to dump truck, but 18 wheeled logging trucks are being repaired and that the emergency repair clause has been violated. Dick Walters indicated that for the last two weeks the entire neighborhood has been awakend at 6:00 A.M. by the noise of the logging trucks engines running. There was a discussion regarding the limitation placed upon the quantity of fuel storage approved for the site. Commissioner Paulson established that 250 gallons was the total quantity allowed. Commissioners Young and Shepard agreed that this was a clear violation. There was a discussion regarding the noise level that could be enforced by Deschutes County Sheriff's Department. Commissioner Paulson said that maybe the noise ordinance should be examined and altered to be made effective if necessary. Chairman Shepard requested that Mr. Isham research this matter. The commissioners decided that this use must be red tagged as it was a clear violation. Discussion of Neal Hudson addressed this issue. He said Sisters Landfill that the City of Sisters maintains a garbarge Fee hauling service and wished to be allowed the same flat fee. Chairman Shepard suggested that the City of Sisters be allowed to pay the flat fee. MOTION: YOUNG moved to accept Neal Hudson's recommendation in regards to the Sisters landfill fees. PAULSON: Second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE NOVEMBER 2, 1982 MINUTES: PAGE 2 VOL 44 FAUE 4K7 e Discussion and It was agreed between the commissioners that Signature of a the closure was an annual co-operative Memorandum in agreement. Commissioner Young asked if this regards to the was a yearly thing. Chairman Shepard agreed Tumalo Winter that this happened each year. Range Road MOTION: PAULSON moved to approve the agree- Closure ment. YOUNG: second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE Other Staff/ Chairman Shepard addressed the storage of the Public Concerns ballot boxes. The boxes had been stored in Room "A", where they took up a lot of room, were unsightly and the location was inconvenient. After speaking with Doug Maul and Neal Hudson, room was found in the Department of Public Works to store the boxes. There is also a place that is warm where persons working on the ballot boxes prior to an election can work. When the Post office is acquired and refurbished, there will probably be room to store the boxes there. Chairman Shepard suggest that since the election is over and there won't be another election for several months, that a letter be written to Rosemary, explaining the inconvenience the boxes are causing, suggesting the new storage area and saying that Doug Maul will be happy to work with her in expiditing this move. Commissioner Paulson agreed that this would be a good idea. It was agreed that a letter would be written to Rosemary Patterson explaining this move. Contract for the Chairman Shepard asked Rick Isham if he had Hearings Officer brought the contract that had been prepared in accordance with the memorandum that had been circulated between the Board and Myer Avedovech. The contract provides that he will provide hearings at the rate approved, that the County will provide secretarial staff support and was a little longer than what had been discussed. Rick explained that he had made the contract to terminate at the end of the calendar year and that the contract was subject to seven days notice which will allow him time to clean up anything that he is working on. The Hearings Officer will hear those items assigned to him by the Planning Director. Commission Paulson felt that this contract was preferrable to the one earlier NOVEMBER 2, 1982 MINUTES: PAGE 3 VOL 44 FACE 488 discussed and that if it needed to be amended, that it could be done at a later date. MOTION: PAULSON moved that the contract be approved. VOTE: PAULSON: AYE YOUNG: AYE SHEPARD AYE For Signature Chairman Shepard explained that on Friday some OLCC License people came in to get their OLCC License Renewal with a signed. Since they could not do that a letter letter was written to be signed by the commissioners to be sent to the liquor control commission that indeed the applicant was here to try and get their license signed, but because the Board was not in session it could not be approved, but that it would be approved today. Jill came in at the last moment and removed it from the file. A Request for a Chairman Shepard addressed a request for a Refund refund in the amount of $9.10 to Kristie Fuller as she cannot put in a wood stove, signed by Don Garris. A Request for a Chairman Shepard indicated that he had a OLCC License request for a OLCC license by Ronald R. Graves and Charleen N. Graves for the "Mug and Goblet" in the Sunriver Business Park that had been approved by the Sheriff's Department. MOTION: YOUNG moved that the license application be approved. PAULSON: second VOTE: YOUNG: AYE PAULSON: AYE SHEPARD: AYE A Request Chairman Shepard had been called by Larry for Aid for Stanford, chairman of the Deschutes County Lower Bridge Emergency Board who explained that they were applying for a low interest loans to help offset the damages sustained from a hail storm last summer and that it would be helpful if the Deschutes County Board of Commissioners would write a letter. Commissioner Paulson questioned who the Deschutes County Emergency Board were. Chairman Shepard explained that the group was from the United States Department of Agriculture appointed to deal with agriculture emergencies. Commissioner Paulson summarized the letter of request. NOVEMBER 2, 1982 MINUTES: PAGE 4 von 44 PAGE 48q MOTION: PAULSON moved to approve this request. YOUNG: second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE Item #14-A Chairman Shepard said that he had a note from Jill indicating that item #14-A for signature will not be signed today, but will be placed on a future agenda. Declaration of Chairman Shepard read the legal description of Road Dedication the road dedication. MOTION: PAULSON moved to accept the dedication. YOUNG: second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE A recess was called and Chairman Shepard state that the meeting would be resumed at 1:30 p.m. Chairman Shepard resumed the meeting at 1:40 p.m. Appointment of Chairman Shepard stated that the Board needed New Juvenile to address the appointment of two new members Service Members to the Juvenile Services Commission, Roy Moffit and Terry Ramsdorf. Rick Isham brought up the point that Terry could possibly encounter a conflict of interest that could create a financial burden on the County as Terry is the public defender. The Board decided to have Rick check into this matter and report back to them. MOTION: PAULSON moved to appoint Roy Moffit and Terry Ramsdorf to the Juvenile Services Commission with the proviso that there is no conflict problems with Mr. Ramsdorf. YOUNG: Second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE NOVEMBER 2, 1982 MINUTES: PAGE 5 r ` va 44 PAGE 4 Discussion on Chairman Shepard felt that the meeting should the Union Election be held in order to accertain what was going to transpire in this matter and to allow an understanding to all those involved. Mike Maier indicated that they had gotten the feeling that the County's chances for getting an investigation were diminishing and that was the main reason for attempting to postpone an election. They wished to have a complete investigation completed prior to the time that an election would be scheduled. They were hoping to get together with the Union and ERB to set an election date with the understanding that maybe something would flair up under the investigation. Mike said that they wished to establish the rules, procedures, agreements for the campaign and to proceed with the program. Jim France, Deschutes County Sheriff said that he felt that his investigation was the only one that was going to take place. Jim had talked with Marla Rae who indicated that the Attorney General's office will not be getting involved. Sheriff France indicated that he had talked with Sheriff Hand in Marion County and that they will cooperate with Deschutes County in an investigation. He was planning to send two Detectives to Salem on Monday to commence an investigation and will stay in that area until all leads have been exhausted. Bruce Bischoff indicated that the meeting of November 3, 1982 would involve a pre-election conference, where the Union, Employment Relations Board and the employer's representative negotiate the details of an election. They will consider setting an election date two to three weeks away. Chairman Shepard felt that all three parties involved, the ERB, the Union and the County would be subject to some inquiry. He felt that if the County consents to an election prior to the outcome of an investigation and if it is found that ERB is implicated in this problem that it would tarnish the election. He felt that it was unwise to hold an election until the matter was cleared up. Commissioner Young agreed with Commissioner Shepard. Commissioner Paulson asked what options did the County have. There was a general discussion regarding the ballots and the possiblities their demise. Bruce Bischoff suggested that the election be set for around November 30th or the 1st part of December. The Commissioners agreed to this. NOVEMBER 2, 1982 MINUTES: PAGE 6 voL 44 9 Being no further business, Chairman Shepard recessed the meeting until November 3, 1982 at 10:00 a.m. ' `/E W 1/ > CLAY H PARD, CHA RMA R BERT C. PAULSON, JR. OMMISSIONER a&'~ef ALBERT A. YOUNG, MMISSIO R /ch NOVEMBER 2, 1982 MINUTES: PAGE 7