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2007-749-Minutes for Meeting January 23,1979 Recorded 6/19/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS COMMISSIONERS' JOURNAL 06/19/2007 10:55:02 AM 11 ))11111111111111111111 Do not remove this page from original document. Deschutes County Clerk Certificate Page r 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 January 23, 1979 Board Minutes Courthouse Annex The meeting was called to order by CHAIRMAN SHEPARD at 10:00 a.m. CHAIRMAN SHEPARD inquired if there were any matters which were not on the agenda which might be discussed at that time. BETTY AHERN expressed her concern over the fact that recommendations for denial of applications for zone change were being made prior to public hearings. COMMISSIONER YOUNG stated it was improper for staff to recommend a denial for zone change based on what might be happening six, eight or ten months from now. Further discussion elicited that the application concerned files number PA-7813 and Z-7869 and a staff report made for the Hearings Officer prior to January 19th, when the hearing was scheduled for February 13, 1979. The Planning Department representative outlined the procedures regarding staff reports. COMMISSIONER YOUNG stated that he felt someone was trying to influence the Hearings Officer and Planning Commissioners to make decisions based on what the Comprehensive Plan might produce. COMMISSIONER YOUNG and CHAIRMAN SHEPARD stated they object to that, as did MS. AHERN. CHAIRMAN SHEPARD stated he would like to review the documents before any further comments were made by the Board and tabled the matter until a later time. MS. AHERN asked to be notified when the matter came up next. Her address is 52427 Sugar Pine Road, LaPine, Oregon. CHAIRMAN SHEPARD inquired if there were any other matters to be discussed before proceeding to the agenda. Four copies of an agreement furnished by the Highway Department were presented for signature to the Board regarding the traffic signal at Nels Anderson Road and Highway 97. CHARLIE stated that it was a co-op agreement, standard procedure, that the State puts out regarding maintenance; an AOC adopted policy. COMMISSIONER PAULSON moved that the Board accept the agreement, COMMISSIONER YOUNG seconded the motion. No further discussion. Vote was unanimous. The next item discussed, also not on the agenda, was the matter of personnel in the Juvenile Department whose positions were not budgeted for. BILL JONES requests that $10,500.00 be put into the anti-recession budget for those positions. LUCY pointed out that there were presently two other anti-recession budgets for a total of $11,000.00 which were not being used, so the funds are available. There is $5,000.00 in the extra help line item that has not been used and is not anticipated to be used, and there is $6,060.00 that was budgeted for a Veteran's Service Office Assistant who is on the County payroll, so those funds are available. CHAIRMAN SHEPARD stated that, as a matter of procedure, the Veteran's Service Office should be consulted to find out whether he will need those funds. COMMISSIONER PAULSON moved that they approve the transfer to the Juvenile Department subject to there being no mitigating circumstances with the Veteran's Officer. CHAIRMAN SHEPARD seconded the motion. No further discussion. Vote was unanimous. Proceeding to the agenda, the next item was a proposal by the Forest Service for reconstruction and pavement of Road 1808 from the Cascade Lakes Highway down to the road by Harper Bridge. Sketch map was presented. Request was for the County to assume maintenance responsibility for this road, and if so, what standards would have to be met. Road presently maintained in winter by Sunriver, summer maintenance by Forest Service. Standards proposed would equal or better present Highway (46). Traffic projections average 170 vehicles per day, for the past four years. Mainly recreation traffic, some trades traffic going to developments around Sunriver, etc. Estimates are that with paving of the road, traffic would increase by 50% immediately, and double or more in ten years. The District Ranger was concerned about the design speed. He felt, along with Fish and Wild- life Department, that under 50 m.p.h. design speed was favorable to wildlife crossing, and that over 50 m.p.h. design speed would create potentially heavy kills. (County standards for 60 m.p.h. design speed, Forest Service proposal for 45 m.p.h.) Dept. of Fish and Wildlife favor 45 m.p.h. design speed on the road. Second concern pointed out was that -1- a 60 m.p.h. design speed would create a Hwy. 97 bypass, and that would not be compatible with the resource values for the area. ED MARTIN pointed out that a 60 m.p.h. design speed would necessitate cutting quite a bit off the grades on the road, whereas with a 45 m.p.h. design speed, the road would stay pretty much as it is now. CHARLIE from Road Dept. felt if the road, as they feared, did become a Hwy. 97 bypass, the road should be designed to facilitate the traffic. There was more discussion regarding traffic and population increases during the next seven to ten years. It was generally agreed that the 12,000 cars per day figure was a. reasonable estimate. CHAIRMAN SHEPARD inquired if a road designed for 45 m.p.h. would tolerate that type of traffic load. The comment was made that no matter what speed the road is designed for, people are going to drive 60 m.p.h. on it anyway, and they're saying that they know that so they're trying to ask for a design that's safe to begin with. It was mentioned that they had the option of not paving, so as to keep traffic speed down. Forest Service funds are not available to build a road at 60 m.p.h. design speed with a 40 foot top; County funds would be required to assist. COMM. PAULSON asked how long the Board of Commissioners had to decide whether they wanted a main arterial or a gravel road. The Forest Service said a month, two months for 1980, six months for 1981. Taken under advisement for further action. The next item on the agenda was the--League of Women Voters. No one from League of Women Voters appeared, item dropped. Next was the Central Oregon Irrigation District, no one appeared, item dropped. The next item was BILL RATH from the American Legion, regarding a lease with the County. The lease agreement called for a ball park on the leased land, the land is not large enough for a ball park. Previous Board of Commissioners, in December, proposed to add additional five acres on other side of Ferguson Road. COMMISSIONER YOUNG said he saw no problem with giving them the additional five acres. COMMISSIONER PAULSON stated he knew of another group interested in property in the same area, and he was concerned about how to decide who gets what. It was generally stated "first come, first serve." The meeting today is just to find out what happened to the paperwork, since the matter was decided by the previous Board. COMMISSIONER YOUNG suggested that the legal description to the additional five acres be obtained and an addendum be drawn up to the lease or a new lease prepared, if necessary. Suggestion agreed upon. Central Irrigation District was recalled, no appearance was made. Tri-County CETA are able to put the well inspector back on the funding as it was as of December 31st. The position will be switched to Title II from Title VI. Funds requested no longer needed. Memorandum of Understanding requested from Deschutes County to Water Resources Dept. that County arranging funding for salary and Water Resources will arrange for expenses and mileage. COMMISSIONER PAULSON moved that memorandum be sent to Water Resources Department outlining that County will reinstate the CETA position in the Watermaster's Office and that we will pick up the additional funds to supplement that position as we did prior to December and that we request the Department to provide the expenses for travel. CHAIRMAN SHEPARD seconded the motion. Vote unanimous. COMMISSIONER PAULSON announced to the media that there is an opening on the Budget Board. One person's term expiring on 2-1-79, need people to consider to refill that position. WALLY CLEVELAND presently in office, COMMISSIONER YOUNG suggested someone from either Bend or LaPine. Three-year term from 2-1-79 to 2-1-82. Cannot be County employee and must be registered voter. Position requires 30 hours of work, in the evenings, sometimes afternoon into evening. COMMISSIONER YOUNG agreed to draft a letter to MR. CLEVELAND inquiring whether he wishes to be considered for the position again. -2- 1 i The next item was the County mileage policy, which was reviewed by the Board. The policy was continued as is. The next item was the meeting of the Citizens Interested in the Incorporation of LaPine. COMMISSIONER PAULSON stated he felt it would be reasonable to have at least one member of the Board attend. COMMISSIONER YOUNG stated he would go. The next item was the Street Committee meeting for January 24, 1979. CHAIRMAN SHEPARD stated that traditionally one member of the Board sat on the Street Committee and that in the past it was BOB MONTGOMERY. COMMISSIONER YOUNG moved that CLAY SHEPARD be appointed as the County Commission representative to the City Street Committee. COMMISSIONER PAULLON seconded the motion. No further discussion. Vote was unanimous. The next item on the agenda was the invitation by VINCE GENNA to take a tour of the new park out on Century Drive. It was agreed to schedule such a tour for Tuesday afternoon, January 30th, at 1:30 p.m. CHAIRMAN SHEPARD agreed to call and affirm the appointment. The next item was a Memorandum from the Board regarding zone change applications and plan amendments. CHAIRMAN SHEPARD read the Memorandum in full. COMMISSIONER PAULSON moved to adopt the Memorandum and CHAIRMAN SHEPARD seconded the motion. It was asked what was wrong with the present policy being adhered to on matters being sent in for consideration through the Hearings Officer and Planning Commission. That person felt the new policy would completely shut down business, and that it wasn't in the interest of "public need." CHAIRMAN SHEPARD stated that the Memorandum was not changing anything, but was merely emphasizing the public need aspect. COMMISSIONER YOUNG stated the purpose ofthe Memorandum was to tell the Planning Department, the Hearings Officer, Planning Director and Planning Commission to not make decisions or to postpone any decisions that they think might be in conflict with the Comprehensive Plan when it is adopted. COMMISSIONER PAULSON stated he felt the Memorandum said if there is a dire public need for the requested change between now and May 1st, then yes, it should go through. MIKE WILSON stated he felt there was a change effected by the Memorandum, and that was that for the first time people would have document that the need for the change has to be considered prior to May lst. No other discussion followed. COMMISSIONER YOUNG voted no, COMMISSIONER PAULSON and CHAIRMAN SHEPARD voted yes, motion carried. The matter of the sewer study for the North end of town was brought. BECON has recommended that an area be taken out, probably north of the "Y" and shopping center. Until a decision is made, difficulties exist in getting letters of compatibility for subdivisions going in that area. It would appear that DEQ and LCDC are making the decisions. BECON asked for County suggestions as to where lines for Phase II should be. Inquiry made as to how long it would be before a decision is made. CHARIMAN SHEPARD stated there would be a plan drawn up by BECON, then meetings and public hearings and then a decision would be made sometime down the line. The next item on the agenda were the applications for Office Associate for the Commissioner's Office. Of the six total, three candidates were interviewed, and a decision now should be made as to whom should be hired. COMMISSIONER PAULSON stated he was ready to recommend hiring of one individual at the rate of $677 per month, which at the end of six months would advance 5% to $711 per month. Money available for transfer from Administrative Director position to new line item for secretary position. COMMISSIONER PAULSON moved that they hire JANICE CANGIE at the aforementioned salary level and that necessary funds be transferred. CHAIRMAN SHEPARD seconded the motion. Vote unanimous. COMMISSIONER YOUNG inquired as to whenhe and DOUG could order things for the new courthouse. It was agreed that he could go ahead and start the order. -3- f t ' The next item on the agenda was the lawsuit brought by the County to enforce the zoning ordinance against Glazebrook "junkyard" north of town. At trial counsel agreed to settle the case. LOUIS presented a stipulated Decree drawn by TERRY O'SULLIVAN and amended by LOUIS. COMMISSIONER PAULSON inquired as to whether or not the Board would remain an impartial body after signing the order should property owners in the future decide to contest the site where the junkyard is located. LOUIS said he saw no problem, since the agreement was predicated upon the law. COMMISSIONER PAULSON moved that the document be adopted. COMMISSIONER YOUNG seconded the motion. Vote was unanimous. LUCY asked if she could order a file cabinet for LOUIS at $165.00. She was directed so to do and take the funds out of Revenue Sharing. There being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS Chaff" Commissioner Commissioner t' -4-