2007-652-Minutes for Meeting March 03,1976 Recorded 6/19/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2007652
NANCY BLANKENSHIP, COUNTY CLERK v~l
COMMISSIONERS' JOURNAL 0611912007 10;21;58 AM
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2007-6'32
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Court Day Minutes
March 3, 1976
Courthouse Annex
Attendance:
Don Grubb
Bob Montgomery
Abe Young
Dave Hoerning
Ardeth W. Reynolds
Claybourn Edwards
Robert Herwick
Theo B. Herwick
Ruth S. Edwards
Frank J. Milby, Jr.
Eileen Anne Milby
James Down
Vincent Belello
Iris Ward
Polly Spofford
Jerry McCann
Dorothy Saxton
Vernetta Minton
James C. Minton
Jack B. Thornton
Plina Thompson
John Killen
Louis Selken
Sheridan Fahnestock
Edgar Graves
Jim Morgan
Robert M. Karl
David B. Armstrong
George J. Cook
Joseph H. Thompson
Dean Brickey
Lucia Venator, Secretary
Chairman Grubb called the meeting to order at 10:00 a.m. First order
of business was the vacation of a portion of the W. A. Wilt Road. This
action was petitioned by the county. As there were no objections,
Commissioner Young moved and Commissioner Montgomery seconded that the
vacation be granted. Vote was: Abe Young, aye; Bob Montgomery, aye;
and Don Grubb, aye; motion carried.
Next order of business was the vacation of an Alley in Block 28, Lapine,
which was so petitioned by property owners adjoining the alley. Ardeth
Reynolds and Ruth Edwards from Lapine spoke in favor of the vacation.
There were no objections. Dave Hoerning read an order for said vacation.
Commissioner Montgomery moved that said order be approved as read.
Commissioner Young seconded the motion with the following vote: Abe
Young, aye; Bob Montgomery, aye; and Don Grubb, aye; motion carried.
There was no discussion on Road Dept. or General Fund bills.
Chairman Grubb turned the discussion over to Commissioner Montgomery
who explained the Commission would like to appoint a Taylor Grazing
Committee so that the county could keep and spend the approximate $3,000
dollars received each year from the BLM. In the past the county has
turned the money back to the BLM because they didn't have a Taylor
Grazing Committee. This money has to be spend improving grazing range
in the grazing district. All interested persons are invited to contact
the Board of Commissioners for an appointment to this board.
Next item on the agenda was Forest Receipts. This matter was carried
over from the February 17 meeting so the county could discuss the matter
with the cities at their joint meeting of February 24. Chairman Grubb
opened the matter for discussion, by explaining that the county gets 25%
of the net forest receipts, from this 25%, the schools get 25% and the
county retains 75% of the funds which are used to run the road department.
T Court Day Minutes
March 3, 1976
Page 2
The law is permissive in that the county may, but is not required to
share these funds with the cities. Bob Montgomery told the audience
that forest receipt funds are distributed according to population and that
the cities in the county cover over 52% of the population so they are
in fact contributing 52% of the funds for the maintenance of county roads.
He feels the county should share the forest receipt funds using the
same formula as last year. Based on this he presented a resolution whereby
the county retains the first $500,000, the next $500,000 the county keeps
60%, the cities get 40%. Over $1,000,000 the county will get 80% and
the cities 20%. Commissioner Young moved that this resolution be adopted.
Commissioner Montgomery seconded the motion. Commissioner Grubb went
on record as favoring a formula using road mileage instead of percentages.
Vote on the motion was as follows: Abe Young, aye; Bob Montgomery, aye;
and Don Grubb, no; motion carried.
Next item on the agenda was the discussion of the possible elimination
of the Justice of the Peace in Redmond. Commissioner Young explained
that Don Ellis, Justice of the Peace for the past 24 years is retiring
and the county has to decide whether or not to continue the position or
turn it over to the District Court and maintain a full time clerk with
the District Judge going to Redmond once a week. At the present time
the job does not pay a living wage. Commissioner Montgomery told the
audience that the county does not plan on eliminating the services. Also
at this time no one has filed for the position. Commissioner Grubb said
many questions were asked as to why this position is full time but only
pays for part time. He explained that except for those positions mandated
by the State, positions were budgeted on a pay as you go basis. Justice
Court is budgeted by estimated income from fines. Increasing wages
would put their budget over their income. Commissioner Grubb asked Louis
Selken, DA what his opinion on this matter would be. He replied that he
felt it would save the county money. Also he said a resolution and order
by the Commission would be all that is necessary to take this action.
Commissioner Montgomery moved that the elected position of Justice of the
Peace in Redmond be eliminated if the county can retain the services with
the District Court Judge going over once a week. Commissioner Young
seconded the motion with the following vote: Abe Young, aye; Bob Montgomery;
aye; and Don Grubb, aye; motion carried.
At this time the 10:30 a.m. Hearing on the proposed formation of the Lazy
River Special Road District was opened. Dave Hoerning explained that a
petition for said formation was filed January 29, 1976 with the County
Clerk and that all signatures had been checked. Max Merrill, attorney
for petitioners was present and was asked to submit a list of names to be
used for choosing three directors for the district if approved. Commissioner
Young moved that April 7, 1976 at 10:00 a.m. be set for the final hearing
on this matter. Commissioner Montgomery seconded the motion and the vote
was as follows: Abe Young, aye; Bob Montgomery, aye; and Don Grubb, aye;
motion carried.
Court Day Minutes
March 3, 1976
Page 3
Chairman Grubb opened discussion on the Commissions decision concerning
the Jail Bond issue. He explained that a public hearing was held the
night before with a good response from the public. The Commission
presented two plans; "A" which would remodel present facilities and
provide an annex to courthouse and Plan "B" which would provide a new
three story jail facility, remodel the courthouse and build an annex.
Except for one objection, everyone favored plan "B". The possibility
of building a facility out in the country away from the courthouse
was mentioned. The Commission did not favor such a move. Commissioner
Montgomery moved that the county go fora bond issue with Plan "B" as
soon as the architect could provide accuratecost figures. Commissioner
Young seconded the motion with the following vote: Abe Young, aye; Bob
Montgomery, aye; and Don Grubb, aye; motion carried.
Lorin Morgan, Planning Director presented the Commission with two zone
changes, the first one for Claude Powell Jr. from A-1, Exclusive Agriculture
to SR-1, Suburban Residential for a portion of the SW; of Sec. 10, T. 18
S., R. 12 E.W.M. Upon the Planning Commission's recommendation, Bob
Montgomery moved that said zone change be granted. Abe Young seconded
the motion with the following vote: Abe Young, aye; Bob Montgomery, aye;
and Don Grubb, aye; motion carried.
The second zone change was for Deschutes County from A-1, Exclusive
Agricultural, to SR-1, Suburban Residential for property described as
a parcel of land lying within the S2 of the SWa of Sec. 17, and N2 of
the NW; of Sec. 20, all in R. 17 S., R. 12 E.W.M. Commissioner Montgomery
moved that this zone change be approved. Commissioner Young seconded the
motion. Vote was; Abe Young, aye; Bob Montgomery, aye: and Don Guubb,
aye; motion carried.
Lorin presented the Commission with two amendments to Zoning Ordinance
No. PL-5. Because the Commission wasn't given the amendments to review
in advance they were set aside until the March 17, 1976 Commission
meeting.
Under other business, several local surveyors were present to ask that
the Commission consider expanding the services of the local surveyors
office. To do this they would need to increase the budget for this
office. The Commissioners invited them to the March 9, Budget Meeting
to present their case to the Budget Board.
Polly Spofford, League of Women Voters thanked the Commissioners and their
Secretary for their assistance to the League.
There being no further business at this time, meeting was adjourned.
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Court Day Minutes
March 3, 1976
Page 4
Respectfully Submitted
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DESCHUTES COUNTY
BOARD OF COMMISSIONERS
March 3, 1976
- COURT DAY AGENDA -
CALL TO ORDER:
ROAD DEPT. BILLS:
Discussion
GENERAL FUND BILLS:
Discussion
10:00 A. M. Hearings
Vacation of a portion of the W.
A. Wilt Road
Vacation of an Alley in Block
28, Lapine
10:30 A. M. Hearing
Proposed formation of Lazy River
Special Road District
Announcement of appointment of Grazing Advisory Committee
Forest Receipts
Discussion - Possible elimination of Justice of Peace in Redmond
Decision - Jail bond issue
Planning:
Zone Changes: Claude Powell Jr.
Deschutes County
Amendments to Zoning Ordinance No. PL 5.
1. Definition of Dwelling and Mobile Home
2. Temporary Emergency Use Definition
Discussion from thos present
Next Court Day - March 17, 1976