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44-492-Minutes for Meeting November 03,1982 Recorded 11/15/1982VOL 44 PACE 492 LEO NOV DESCHUTES COUNTY BOARD OF COMMISSIONERS ROSEm~ NOVEMBER 3, 1982 - REGULAR MEETING pESCjZ TES ARCoUN~~R$pN 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: Hearings Officer/Administrative Law Judge and the Infractions Ordinance. The Commissioners had decided that the position of the Hearings Officer would be considered upon November 3rd following the election and when the fate of Ballot Measure #3 was determined. Due to the fact that Ballot Measure #3 did not survive, the Board can proceed with the considerations of replacing the Hearings Officer. Second Reading Chairman Shepard called for a second reading Ordinance 82-037 of Ordinance 82-037. MOTION: PAULSON moved that there be a second reading by title only. YOUNG: Second. VOTE: PAULSON: AYE YOUNG AYE SHEPARD: AYE Amendment of Chairman Shepard called for the amendment of Ordinance 80-216 Ordinance 80-216 General Plan for the Bend Area by the addition of Phase II Sewer Boundary Map and declaring an emergency. MOTION: PAULSON moved that the ordinanace be approved. SHEPARD: Second VOTE: PAULSON: AYE YOUNG: NO SHEPARD: AYE NOVEMBER 3, 1982 MINUTES: PAGE 1 volt tack _3 Review of Chairman Shepard called for a review of Ordinance 82-030 Ordinance 82-030 providing for 30 cents per mile reimbursement for vehicle use. Chairman Shepard indicated that this ordinance had been approved some time ago with the understanding that it would be reviewed in 60 days. John Andersen said that he had talked with two Department Heads; Oscar Bratton, who had not had any particular problems with the ordinance, but there had not been that much much traveling done in his department, and Don Garris, who felt that he would like a little more flexibility. Don felt that there were bugetary problems with the 30 cents per mile and that he preferred the old system. It was agareed that Clay would write a memo clarifing the ordinance and that it would be circulated. Discussion Chairman Shepard called for a discussion regarding Historic regarding Historic Inventory Grant. Jordan Inventory Grant Maley said the Historic Inventory is responsible for the inventory in Deschutes County, which include buildings, sites, and archaeogical sites. Jordan indicated that the State had received an amount of money from the Federal Government designated for the completion of this inventory. Keith Clark, chairman of the Historic Landmarks Commission, talked about the logistics of obtaining the money for local work, which would be completed in a two phase operation, the sites would have to be indentified first and then marking them down in some kind of useful form for the County Planning Commission. Jordan said that in order to obtain the funds that the County would have to match the funds and time to process the grant money. Jordan then referred to page 6 of the packet of information. MOTION: YOUNG moved that based upon approval of the project by the State the they could be instructed to proceed. PAULSON: Second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE NOVEMBER 3, 1982 MINUTES: PAGE 2 va 44 ?Acr 494 Discussion Chairman Shepard called for a discussion of of the Sunriver the Sunriver Master Plan and Findings of Fact. Master Plan and George Read indicated that they had the Findings of Fact, the ordinance and the possibility of signing the ordinance. George addressed the problems involving the location of a school site in Sunriver that had popped up, and were not part of the original record and testimony through the public hearings. . George indicated that the school site had been ommited by the Planning Commission. Commis- sioner Paulson suggested that the Board take the time to review the new findings of fact. George talked about the proposed language in the the Findings. There was some discussion about the changes on page #23. Mr. Henson suggested that it was to everyones' advantage to adopt this matter as proposed. Charles Kesak indicated that there was a strong feeling that the public school site should not be in Sunriver. Commissioner Paulson asked what the procedure would be to place a school in a CP zone. George answered that the school applicant would need to go through a site plan review process. Bill Futrell, a trustee of the proposed school, felt that after talking with Charlie Kesak and Chuck Hanson that their concern was that they would not have a public hearing prior to building a school. Mr. Futrell felt that the staff's recommendation was adequate and it would facilitate the adoption of the plan. Mr. Hanson had no objection with either approach as the school would have to present a case to the community for whatever site that it might choose. Chairman Shepard felt that the purpose of the site plan review was not to pre-determine whether a particular type of project should be located in a given area. George agreed that was the purpose of the master plan, however the criteria would have to be reviewed. He indicated that it was the staff's feeling that this was the best site for a school. Commissioner Paulson amended the wording at the end of the last sentence under CP-9, on page #23, adding: and it should be be considered as some form of school site. Commissioner Young asked if the Findings were adopted as amended that if a school site is proposed that it would require that they go through the site plan procedure and hearing process. Commissioner Paulson wanted the NOVEMBER 3, 1982 MINUTES: PAGE 3 4 Vol" 44 FAcE 4 9 5 minutes to reflect the changes on page 17, should be changed to may; bottom of line should be changed and the word them should be added. George indicated that the ordinance was ready to be signed with the two changes that were discussed. Commissioner Paulson suggested that if the motion passed that the document would not be signed until it was in its final form and the changes had been made. The Board adopted the ordinance and agreed to sign it when it was in its final form. MOTION: YOUNG moved that the Findings of Fact be adopted and the ordinance be approved as amended, page 23 of the ordinance, third paragraph, CP-9, adding at the end of the last sentence and should be considered some form of school site. The Findings shall be amended to read "there was no testimony which proposed any uses other than" and on page 17, third line, changes the second word in the line from should to may. PAULSON: Second VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE Letter of Chairman Shepard suggested that a letter of Congratulations congratulations be sent to the newly elected Commissioners. Lois Prante and Larry Tuttle. After much discussion it was agreed that a letter was being sent around for all the current Commissioners' signatures. Discussion Jordan Maley talked about the Historic regarding the Landmarks Commission's visit to Paulina National Lake Cabins. He indicated that they had Nomination of visted the cabins on Saturday and that Paulina Lake there had been a lot of discussion on whether Cabins or not they deserved a nomination to the National Register. Jordan said that the 11 cabins are in good shape, but the lodge was having problems with the front wall buckling out and they figured that the it could come down this winter. Jordan said that the Forest Service wanted to tear the cabins down in order to encourage use of the area by organizational groups. MOTION: PAULSON moved that the Board not make a recommendation to include the cabins to the National NOVEMBER 3, 1982 MINUTES: PAGE 4 VOL 44 FACE 4 6 Historic YOUNG: Second VOTE: PAULSON: Preservation Register. AYE YOUNG: AYE SHEPARD: NO Discussion of Commissioner Paulson wanted to put this item Hearings Officer/ on the agenda in order to begin hearings on Aministrative Law ordinance #82-012 establishing an infraction Judge procedure for the violations of County Ordinances and to adopt a job description for the Hearings Officer/Administrative Law Judge. Commissioner Paulson wanted to talk to the County Counsel to see when was the soonest that they could get it on the agenda. Commissioner Young and Chairman Shepard agreed. Chairman Shepard indicated that the discussion that evolved several weeks ago centered around Ballot Measure 3 and whether it would pass or not. Commissioner Paulson indicted that the Infractions ordinance tied in with the Hearings Officer/Administrative Law Judge. The qualifications were discussed. The Commissioners discussed whether or not the position would be full time or part-time. Commissioner Paulson suggested that this discussion be assigned to Mike Maier and Clay Shepard. Stipultion of Rick Isham indicated that he had a stipulation Appeal to to Fairway Point in Sunriver. Mr. Oakes and Fairway Point Sunriver have agreed to it. He indicated that in Sunriver the cost over the bill might be a problem of getting this matter settled. The cost could possible be $150 to $200. Commissioner Paulson felt that there were others involved that could share this cost. Rick said that if costs were awarded that they would be awarded to Deschutes County. NOVEMBER 3, 1982 MINUTES: PAGE 5 von 44 % 49 7 MOTION: PAULSON moved that they agree to the dismissal without cost at this time. YOUNG: Second. VOTE: PAULSON: AYE YOUNG: AYE SHEPARD: AYE The meeting was adjourned until November 4, 1982. r~ AN PAULSON, JR. COMMI ONER MZ4;f-~f ALBERT A. YOUNG, MISSI /ch NOVEMBER 3, 1982 MINUTES: PAGE 6