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2007-691-Minutes for Meeting March 16,1977 Recorded 6/19/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS COMMISSIONERS' JOURNAL 11111111111 11111 06/19/2001 10;33;48 AM IIIIIIIIIIIIIIIIII 2007-661 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 and Page or as Fee Number Court Day Minutes March 16, 1977 Courthouse Annex Attendance: Bob Montgomery Don Grubb Albert Young James E. Curtis Robert & Theo Herwick Clay & Ruth Edwards Bart Ferrera Mae Killen John Killen Charles Plummer Nora Bell Louis Selkin Dave Hoerning Jeff Smith Jack Thornton Marla Rae F. C. Sholes David Montgomery Lucia Venator, Secretary Chairman Montgomery called the meeting to order at 10:00 a.m. There was no discussion on Road Dept. or General Fund bills. First order of business on the agenda was the proposed formation of Tumalo Domestic Water Supply District. Dave Hoerning explained that the second grant for financing the balance of the water districts had been denied for both Tumalo and LaPine. Because of this there will be a meeting in LaPine on March 22. The Tumalo residents had already started a petition for the formation of a water district and under Oregon Statute a hearing has to be held within 50 days of the filing of the petition. Therefore a hearing needs to be set up for the formation of a Tumalo Water District for March 30, 1977 and the residents of Tumalo can stop the formation at this time if necessary. Commissioner Young moved that the reading of the lengthy legal be dispensed with. Commissioner Grubb seconded the motion with the following vote: Don Grubb, aye; Abe Young, aye; and Bob Montgomery, aye; motion carried. Chairman Montgomery read the order setting March 30, 1977 at 10:00 a.m. for the hearing on the proposed formation of Tumalo Domestic Water Supply District. Commissioner Grubb moved they adopt the order setting the hearing for March 30, 1977. Commissioner Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. The appointment of the Deschutes County Economic Development Committee Steering Com- mittee was scheduled next. Six names were presented to the Commission, they were: Al Hollowell, Earl Nichols, Bill Lyche, Jim Brown, Don Mouser, Jerry Reid. Commissioner Young moved that the six named persons be appointed the EDA Steering Committee. Com- missioner Grubb seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Chairman Montgomery announced that the Governor was holding public information meetings throughout the state informing the public on the status of drought conditions. One such meeting will be held in Bend, Courthouse Annex, March 21, at 7:30 p.m. All interested persons are invited to attend. Next scheduled item on the agenda was the adoption of Deschutes County Road Standards. This was carried over from the March 2 Courtday. Dave Hoerning said that minor changes were made to sentences on pages three and four for clarification purposes. Dave read the order for adoption of the road standards. Commissioner Grubb moved that they adopt Court Day Minutes March 16, 1977 Page Two the revised Deschutes County Road Standards. Commissioner Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Next item on the agenda was the proposed formation of Special Road District No. 4 (Lazy River South). Dave Hoerning outlined the boundaries of the proposed district and said that the petition as presented to the Commissioners was signed by persons holding title to no more than 10% of the land within the area to be established as a special road district. Dave explained that they are naming the Special Road District No. 4 instead of Lazy River South because therealready is a Lazy River Road District established. Commissioner Grubb moved they dispense with reading the lengthy legal description. Com- missioner Young seconded the motion with the following vote: Don Grubb, aye; Abe Young, aye; and Bob Montgomery, aye; motion carried. Commissioner Young moved that April 6, 1977 at 10:00 a.m. be set as the date for hearing on the proposed formation of Special Road District No. 4. Commissioner Grubb seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Next item was the proposed formation of Lazy River Vector Control District. Dave Hoerning explained that a vector control district is formed for the purpose of controlling mosquitos. If formed, the district will have a five member board and monies assessed to them where they can supposedly spray and control the mosquitos. This proposed district includes all the subdivisions along the Little Deschutes River clear down into Section 36. Commissioner Grubb moved that the reading of the lengthy legal be dispensed with. Com- missioner Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Jim Curtis asked who would be in charge of choosing the type of insecticide used. He was told that would be the responsibility of the board of directors elected from the district. Chairman Montgomery read the order setting the hearing for April 6, 1977. Commissioner Young moved and Commissioner Grubb seconded that they adopt the order setting April 6, 1977 at 10:00 a.m. as the time for the hearing of objections if any to said formation. Vote was: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Commissioner Grubb opened discussion on the Work Release Program by quoting ORS 169-170 which allows the County Commissioners to assign county prisoners to work in a public nature. One question brought up was concerning compensation for the prisoners work. The law is vague on this point. The county is trying to clear this point before they do any more work on this. Meanwhile Commissioner Grubb said that legislation has been introduced whereby prisoners will not be allowed to work. If passed anything the Commission does now will be for nothing. Chairman Montgomery said he does not approve of giving prisoners time off and compensation. He said the county will probably never be able to implement work release because the county won't be able to afford the insurance. Commissioner Young said everytime the county tries to do something like this obstacles always get in the way. Like Chairman Montgomery he does not favor compensation for prisoners. Louis Selkin, District Attorney feels the county should wait for a couple of months and see what happens in the legislature. If the legislation to due away with ORS 169-170 fails, the county can ask the Attorney General for an opinion on compensation for prisoners to rely on and relieve the county of liability if we are wrong. Chairman Montgomery told the audience that work was underway on the excavation part of the construction of the new Justice Building and Jack Robinson & Sons were ahead of schedule. So far no dynamite has been used. Commissioner Grubb said if they had known years ago the rock pile would be so easy to remove, it would have been a parking lot. Court Day Minutes March 16, 1977 Page Three Next item on the agenda was the resolution of the county's intention to deed property to the city of Bend for airport purposes. Dave Hoerning explained that this was necessary for the city to present this intent along with their grant for federal monies for airport improvement. As the resolution was on Dave Hoerning's desk, the Commission moved on to the next agenda item, which was designation of the Bulletin as a newspaper for the publication of the 1976 Deschutes County Foreclosure List. Chairman Montgomery questioned the county's need to take this action since we have already designated The Bulletin as newspaper of general publication. Commissioner Grubb said he thought this was one of those laws that required designation for the foreclosure list. Commissioner Young moved and Commissioner Grubb seconded that the county designate The Bulletin as the official newspaper for the publication of the 1976 Foreclosure List. Vote was: Don Grubb, aye; Abe Young, aye; and Bob Montgomery, aye; motion carried. Dave Hoerning returned at this time with the Resolution of the county's intent to deed property to the city of Bend. Dave read the resolution as prepared by the DA's office. Chairman Montgomery said that the county shouldn't give the city of Bend any county land without first holding public hearings on the matter. Commissioner Grubb wants subject to a valid appraisal price per acre included in the resolution also. Commissioner Young moved that the resolution be adopted with the changes stated above. Commissioner Grubb seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Jim Curtiss asked if the county was going to give the 20 acres r trade for it. He was told it would be deeded to the city with a clause that it has. ~ used for public purposes. Next item on the agenda were Planning Dept. changes to the Deschutes County Zoning Ordinance No. PL-5. First amendment was to Sections 3.320, 3.425, 3.470, 3.520 and 3.360 whereby the Planning Commission may authorize the Planning Director to approve or unconditionally approve minor site plans which do not require any on-site or off- site improvements and small scale developments which are not located along a scenic highway and which have a construction cost of less than $25,000. This matter has the unanimous approval of the Planning Commission. Commissioner Young moved and Commissioner Grubb seconded that the amendment be approved. Vote was: Don Grubb, aye; Abe Young, aye,and Bob Montgomery, aye; motion carried. Second amendment was to Article 7 Section 7.015, General Conditional Use Permit Criteria. This is the addition of a new section concerning general conditional use permits. This addition to the Zoning Ordinance has the unanimous approval of the Planning Commission. Commissioner Young moved and Commissioner Grubb seconded that the amendment to Zoning Ordinance No. PL-5 be approved. Vote was: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Third amendment was to Article 3, Section 3.071 Site Plan Review. This also is an addition to the zoning ordinance whereby in all cases involving multi-family dwellings containing (3) or more dwelling units, a site plan shall be required pursuant to this section. A site plan must be submitted to the Planning Director before a newly con- structed or existing building is enlarged or substantially altered. This addition has the unanimous approval of the Planning Commission. Commissioner Young moved that the Commission approve the amendment. Commissioner Grubb seconded the motion with the following vote: Don Grubb, aye; Abe Young, aye; and Bob Montgomery, aye; motion carried. Court Day Minutes March 16, 1977 Page Four Fourth amendment was to Section 9.025 which has to do with Class Two Rural Lots in the county. The main lot size in the county in A-1 zone is 5 acres. There is a provision in the subdivision ordinance that allows for 22 acre lots if they meet certain criteria. However, there is no provision in the zoning ordinance for 22 acre lots if they meet certain criteria. Because of this the DA feels the Planning Commission should amend the zoning ordinance to allow for the same criteria in the zoning ordinance that is used in the subdivision ordinance. Because of the confusion and conflict of what is and is not agricultural, Commissioner Grubb moved that this matter be referred back to the Planning Commission. Commissioner Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. Chairman Montgomery mentioned that we have a shortage of building lots in Deschutes County and the Planning Department is going to take an inventory to determine what is available. Lorin Morgan said the inventory would include the following: 1. Number of acres and square miles in the area. 2. Total number and sizes of building lots. 3. Current going price rate for lots according to size. 4. Classify lots by sub- division requirements. 5. Classify lots by subdivision location. Under open discussion, Commissioner Young brought up the fact that all county road work is financed by forest receipt money. There is now a bill before the legislature being lobbied by the State School Board Assn. that would ask for 50% state funding of schools. This would take 50% of our forest receipt monies off the top. The Commission opposes this bill. Commissioner Grubb discovered there is a bill being introduced in Salem that would require rather than permit counties to distribute forest receipt monies to cities. If passed this bill would cut into our share of forest receipts and force us to go to the taxpayer. We can by law assess the taxpayers 4 of 1% of the appraised value of Deschutes County merely by telling the Assessor to do it. The Commission does not want to do this, but may be forced to if they keep whittling away at the forest receipts. A third matter Abe brought up was the fact that the counties are required by law to publish notices of their activities in the newspaper. There is a rate set on this. Currently in the legislature there is a bill which, if passed would increase this rate five times. Commissioner Young urged everyone present to contact their legislators and find out about this legislation. Commissioner Grubb added that the ORS that would allow the county to collect for funds to run the road department would mean about a 1 3/4 million dollar bill to the Deschutess County taxpayer. At this time Dave Hoerning presented the Commission with a resolution to vacate a Public Road in Section 25, Township 17 South, Range 12 E.W.M. Dave read the resolution. Com- missioner Grubb moved that they adopt the resolution setting April 20, 1977 at 10:00 a.m. as the date for the hearing of objections if any to said vacation. Commissioner Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. There being no further business or discussion at this time, meeting was recessed. Respectfully submitted, BOARD OF COMMISSIONERS ZA, w3we CHAIRMAN COMMISSI R~ COMMISSIONER 17,77 ZI"Z~l 10- l h- 0 \6. 11A-R to/ c /9:; -),,-C~ }c z z ~~_a e DESCHUTES COUNTY BOARD OF COMMISSIONERS March 16, 1977 - COURT DAY AGENDA - CALL TO ORDER: ROAD DEPT. BILLS: GENERAL FUND BILLS: Order - Proposed Formation of Tumalo Domestic Water Supply District Appointment of EDA Steering Committee Discussion - Public Awareness Meetings - Drought Conditions in State Adoption of Deschutes County Road Standards Order - Proposed Formation of Special Road District No. 4 (Lazy River South) Order - Proposed Formation of Lazy River South Vector Control District Discussion - Work Release Program Resolution - County's intention to deed property to City of Bend for Airport purposes Designation of Bulletin as newspaper for the publication of the 1976 Deschutes County Foreclosure List. Planning Department: Amendments to Deschutes County Zoning Ordinance No. PL-5 Discussion from those present Next Court Day: April 6, 1977