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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 11111111111111111111111111111 2007-6'32 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , 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. A ~ t Court Day Minutes March 3, 1976 Page 4 Respectfully Submitted BOARD OF COMMISSIONER ~r CHAIRMAN COMMISSI E Y,/ CO IONER ea- 7 / , /r ^ 'f Liz - 7- -Z--" a, I-- _ z5l l~ s~ Gc, y s C~Gl ~ cz/ • J 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