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2007-694-Minutes for Meeting April 20,1977 Recorded 6/19/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS VV ~~0~-694 COMMISSIONERS' JOU NAL 06/19/2007 10:37:54 AM 1111111[ 111)111 ill Ill I Ill I~ I III 20 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 April 20, 1977 Court Day Minutes Courthouse Annex Attendance: Bob Montgomery Don Grubb Abe Young Pat Gisler Harvey R. Olsen Bill Olsen Ralph Klenski James M. Millard Richard B. Myott LeRoy Newport Freda Johnston Jane DeBernardi Deanna Montgomery John J. Killen Alice Elshoff Jeff Smith Philip Young Len Mathison V. C. Zapp Merton Troyer Frank G. Chakarun Gene Pimpell Allene Pimpell John K. Glover Pauline Spofford Nora C. Bell Mr. & Mrs. Wayne Roan Martin Winch Oliver Frazer Jim Curl Lyle Hoffman John Hinrichs Shirley Broadley Jack Broadley Louis Selken Lorin Morgan Gary DeBernardi Clay & Ruth Edwards Bernie Hayes Margaret Heck Bob Lovlien Jim Becker Robert Herwick Theo B. Herwick Walter Hanner Anne Hanner Linda L. Brooks Joy Fread JoAnn Haney Mabel Gilmer Mrs. Inez Fuller John Coulthurst Ayrie J. Bell J. E. Curtis Carl Hopp Jr. Mike Golden Louisa Bateman Jane Poor Jim Farland Paul Bonn Bill Carpenter Herb Simmons Lucia Venator, Secretary Chairman Montgomery called the meeting to order at 10:00 a.m. First matter scheduled on the agenda was the bid openings for Aggregate Base-Terrebonne, Asphalt & Concrete Mix-Terrebonne, Asphalt Concrete Mix-Bend and Courthouse Annex Lower Level Parking Lot. Charles Plummer and Gary DeBernardi opened and read the bids: R. L. Coats, Deschutes Ready Mix: Bend Aggregate: Asp. & Concrete-Terrebonne $ 19,600.00 Asp. & Concrete-Bend 132,300.00 Cthse. Parking Lot 1,620.00 Agg. Base-Terrebonne 12,000.00 Cthse. Parking Lot 1,350.00 Asp. & Concrete-Bend 134,190.00 Asp. & Concrete-Terrebonne 19,880.00 Central Oregon Pavers: Cthse. Parking Lot 1,102.50 Agg. Base-Terrebonne 9,300.00 Asp. & Concrete-Terrebonne 20,000.00 Asp. & Concrete-Bend 135,000.00 Mid-Oregon Crushing: Asp. & Concrete-Bend 162,000.00 Asp. & Concrete-Terrebonne 21,600.00 Agg. Base-Terrebonne 10,500.00 e April 20, 1977 Court Day Minutes Page Two Next scheduled hearing was on the proposed formation of Tumalo Domestic Water Supply District. Chairman Montgomery opened the hearing for testimony in favor of the for- mation. Seventeen interested citizens from Tumalo spoke in favor of the district. There was no one present who spoke in opposition to the water district. Commissioner Grubb moved they dispense with reading the lenghty legal description. Commissioner Young seconded the motion. Vote was unanimous. Chairman Montgomery read the order for formation of the water district. Abe Young moved to approve the formation of Tumalo Domestic Water Supply District. Don Grubb seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. The residents of Tumalo were told if LaPine does not show enough interest in forming a water district their share of the grant money will be transferred to Tumalo to help them out. Next hearing was on the vacation of an Unnamed Public Road. This street vacation was petitioned by Kerr, Caine and Associates, Inc. of Bend, Oregon for the West 50 feet of NE4NW4 and the South 25 feet of N2NW4NW4 and the North 25 feet of S2NW4NW4 all in Section 25, Township 17 South, Range 12 E.W.M. Charles Plummer presented the issue to the Commission and showed area on map. Harvey Olson, former owner of property involved in this street vacation said if vacation is allowed it would cut off access to the property. Present property owners live in another state and didn't see posted notice in the area of the vacation. Commissioner Grubb said this a good example of posting notice of intention and it being read by people affected in an area. There being no further testimony, hearing was closed. Don Grubb moved that this street vacation not be allowed. Abe Young seconded the motion with the following vote: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. There was no discussion on Road Department or General Fund bills. Next item on the agenda was the resolution setting a hearing on the proposed formation of Choctaw Village Sanitary District. Since there was no one present to speak on this matter, Chairman Montgomery moved to set this matter aside until the May 4, 1977 Court Day. Commissioner Young seconded the motion. Motion was passed by a unanimous vote of the Commission. Charles Plummer presented the Commission with a resolution for the vacation of Ninth Street, Tenth Street, Wharton Avenue and Alley south, Alley south from Ninth to Bend Highway, all off Bend-Sisters Highway. These streets are in area of the proposed Tumalo Mall. Bob Montgomery read resolution. Abe Young moved that they set the hearing on these street vacations for June 1, 1977 at 10:00 a.m. Don Grubb seconded the motion with the unanimous vote of the Commission. Charles Plummer announced the apparent low bidder on the Asphalt Concrete Mix for Bend was Deschutes Ready Mix, Aggregate Base for Terrebonne was Central Oregon Pavers, Asphalt Concrete Mix-Terrebonne was Deschutes Ready Mix, Courthouse Annex Parking Lot was Central Oregon Pavers. Oliver Frazier questioned the county's mileage formula. Don Grubb feels the county should rewrite the bid forms for future bid letting. Bob Montgomery feels the county needs independent help on setting up bids. Jim Curl asked if these changes could be made on the bids just opened. Chairman Montgomery set this matter aside until items on the agenda are taken care of. April 20, 1977 Court Day Minutes Page Three Next scheduled item on the agenda was the review of the Planning Commission's decision on Subdivision Plats No. 304, 305, 306, 307, 308 and 312. Don Grubb told the audience that only 22% of Deschutes County is in private ownership and 5% of that is forestry owned by Brooks. Basically this leaves 17% taxable. He wonders why there isn't room for deer on the other 83% of the land. He feels that stopping growth in Deschutes County is a rip off of the taxpayers by the environmentalists. Commissioner Young feels its time the environmentalists stop trying to run the county and the Planning Department. Bob Montgomery said the Commission has already received an appeal notice on subdivision plat No. 306. He feels they need to look into the legalities of this matter and then have a public hearing. The Commissioners question the legality of the Planning Commission to set aside these plats for review. They also question the procedures used in arriving at the decision. Bob Lovlien, Attorney wanted to know by whose motion these subdivisions were set aside for 90 days. Lorin Morgan answered this was done by motion of the Planning Commission. It was generally agreed that each subdivision should be heard on its own merits, not as a group. Martin Winch, member of the Tumalo Deer Range Study Group does not like hearing Mr. Grubb and Mr. Young express such strongopinions against environmentalists because they as Commissioners should be impartial when hearing the appeals from the Planning Commission. He went on to say that the Tumalo Deer Range Study Group is tying to come up with a study that will have some answers on how to develop in a way that is most beneficial to the taxpayer as well as to the value of the other land in the county. Bill Hopp, Chairman of the Tumalo Deer Range Study wonders why citizen study groups have not been established before this. LCDC goals have been out for quite awhile and citizen involvement is listed as one of the goals of LCDC. He says his committe has been formed since the middle of December. They are the first committe of this type in the county and are now in the position of having the study finished in a month. Pat Gisler, Developer questioned the Fish and Wildlife and the Tumalo Deer Range Study Group's intervention in this matter. He feels they want to stop growth in Deschutes County. He feels the Board of Commissioners should determine the status of the roll of the Planning Department and the Wildlife Commission. Chairman Montgomery said their concern is for the proper growth of Deschutes County. The Board of Commissioners have contacted Fred Heard and Sam Johnson on this matter and they are aware of the Fish and Wildlife Commissions interest in this matter. Jack Broadley, living south of Bend spoke up and said he feels dogs kill as many deer as land development. Louisa Bateman from the Klamath Falls Fish and Wildlife office introduced herself. She said it was voted on at the March 28, 1977 meeting of the Wildlife Commission to continue to work with the Planning effort in Deschutes County. She attended this meeting to see what the County Commissioners decided so she could go back to the Commission with their decision. She said, she feels its her job as a member of the state agency to see to it that the county complies with the goals and guidelines of the LCDC. Chairman Montgomery read an excerpt from a letter the Wildlife Commission sent to the Board of Commissioners saying they have been concerned for some time about the growth in this area. Bob has been a Commissioner for 22 years and has never heard a word to this effect from the Fish and Wildlife Department. Jane Poor, President of the League of Women Voters read a letter to the Board of Comm- issioners supporting the 90 day delay in land use planning for the area between Sunriver and LaPine. April 20, 1977 Court Day Minutes Page Four Commissioner Grubb said the Comprehensive Plan for Deschutes County needs to be updated but the Planning Department does not have the staff or the time to do this work. LCDC grants are being used but the money just arrived. Don said its a matter of interpretation of using the Comprehensive Plan until updated. Chairman Montgomery closed discussion on this matter. Last item on the agenda was discussion on a forest receipt formula. Last Court Day the Commission agreed on a mile for mile basis, but they had not decided on total mileage or maintained mileage. Abe Young told the audience they wanted to be fair in this matter of distribution and asked the cities to be reasonable in their request for forest receipt monies. Don Grubb siad he was misquoted in an editorial by Gary Capps who stated he supported using primitive county roads in the mileage formula for distribution of forest receipts. This is not correct. Chairman Montgomery presented his formula for forest receipts. There are 881 miles of county roads, 285.6 are primitive which leaves 595.4 miles maintained. There are 14.9 miles of county roads in the city limits leaving a grand total of 580.5 miles of county roads for the formula. There are 79.8 miles of streets within city limits. Based on a percentage this is 80% county, 20% cities, or approximately the same percentage they have used in the past. Bob feels the three cities should get together and determine what city gets what percent. Abe Young arrived at the same formula. Don Grubb asked if Special Road Districts in the county should get con- sideration. Abe said this has been a problem in the past because the cities used their forest receipt money to susidize street improvement in the city limits and property owners in the county have to pay the total cost for improving their streets. Philip Young, City of Bend Commissioner read a letter addressed to the County Commissioners asking them to use the same formula as thev have in the east two years. usina a Der capita distribution rather than a mile formula. Bob Montgomery said a per capita formula is not fair. Don Grubb presented his formula which was basically the same as the other Commissioners only he wanted to add 22 miles of LID roads to the total mileage of the county. Abe Young moved they use Bob Montgomery's formula of an 80% - 20% split with no dollars to be dis- tributed until cash is in hand. Bob Montgomery seconded the motion. Don Grubb amended the motion that no distribution be made to the cities until they take the county roads in the city limits into their maintained systems. Bob Montgomery seconded. Vote on the amendment was: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; Vote on the original motion was: Abe Young, aye; Don Grubb, aye; and Bob Montgomery, aye; motion carried. The Commissioners agreed that mileage for forest receipt distribution be figured as of October 1, 1977. Under open discussion, they went back to the matter of hauling costs in relation to bids that were just let for road projects. Don Grubb feels they should stay at the present bids as they won't be affected. Jack Broadley asked the Commission if the county could reject all bids and start over. They said yes, however they feel it would not be fair as everyone knows the bids. Commissioner Grubb moved the county accept the bids as submitted, subject to extensions. Commissioner Young seconded the motion with a nuanimous vote of the Commission. There being no further business or discussion, meeting was recessed at 11:55 a.m. Respectfully submitted, BOARD OF COMMISSIONERS CHAIRM COMMISSION SIONER b 114- ca Q _ a7 c~ 4 l~ Z. t3 oo: lag- nta- th T,q 1_ s PA 74 ~`~ZG2yit~ el,eS / /OIL o,6 L,5-- -_e~ u~6~, 1361 Lo Tien ~w eo-4 5,,,- c,,; /t) /as'3 &'r Ao,j C/Y . o" /U d s ~'bk Ar 6~~33 04Dpmqk-i/-~~-3 P-Z. z~ z ~,,4_ ~C r~ 0 0 3 0 oX°,ea- too 4Jw 6n~~w cry ~ %r 11YRI"5) DESCHUTES COUNTY BOARD OF COMMISSIONERS April 20, 1977 - COURT DAY AGENDA - CALL TO ORDER: 10:00 a.m. Bid Openings: Aggregate base-Terrebonne Asphalt & Concrete mix-Terrebonne Asphalt Concrete mix-Bend Cthse. Annex Lower Level Parking Lot 10:00 a.m. Hearings: Vacation of Unnamed Public Rd. Formation of Tumalo Domestic Water Supply District. Road Dept. or General Fund bills - Discussion Resolution - Proposed formation of Choctaw Village Sanitary District Resolution - Vacation of Ninth Street, Tenth Street, Wharton Avenue and Alley south , Alley south from Ninth to Bend Hwy. all off Bend-Sisters Highway. Review of Planning Commission's decision on Subdivision Plats No. 304, 305,306,307,308 and 312. Discussion - Forest Receipts Discussion from those present Next Court Day - May 4, 1977