2007-836-Minutes for Meeting September 21,1979 Recorded 6/19/2007DESCHUTES COUNTY OFFICIAL RECORDS ~J ~001~83fi
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/1912007 11;21;01 AM
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BOARD OF COUNTY COMMISSIONERS
September 21, 1979 - DAILY MINUTES
Chairman Shepard opened the meeting of September 21, 1979 at 10:07 a.m. with all
Commissioners present. Due to the press conference that was held earlier this
morning, Chairman Shepard took liberty with the agenda and discussed and continued
the matter that was brought up in the conference which regards Folmer Bodtker,
Planning Commission Chairman. Chairman Shepard made a motion that the Commission
ask Folmer_Bddtker Chairman of the Planning Commission to resign his seat. Com-
missioner Fau.ison seconded the motion. Chairman Shepard then asked for discussion.
Commissioner Young stated that he felt it was the most irreponsible act that he
had ever heard a public official make. He felt that a man of Fulmer Bodker's caliber
and the hours and hours of work he has done for Deschutes County deserves better
treatment. He also said that just because the man may happen to disagree with
Chairman Shepard that that is no reason to ask for his resignation. Commissioner
Paulson felt that if it were only a matter of disagreements, then he would ask 9
people to resign. Commissioner Paulson also said that he has no problem with people
who disagree with him as long as they do their job. Chairman Shepard further stated
that he believed the Board has an obligation to the citizens of Deschutes County
to see toit that the plan be put into action and to make every effort to adopt it
according to state law. Chairman Shepard believes that the Board needs the assistant
of the Planning Commission in order to adopt'.the plan and feels that this is the
route to go. Chairman Shepard agreed with Commissioner Young that Mr. Bodker has
done quite a bit of work and deserves all the credit but he felt that the time had
come when certain adjustments had to be made on the Planning Commission's part.
Commissioner Young did not agree with Chairman Shepard in his statement. Commissioner
Young voted a very emphatic NO; Commissioner Paulson--aye. Chairman Shepard--aye.
Motion carried.
Chairman Shepard brought up another matter not on the agenda. He was speaking to
Jim Curl(sp) . He said that Jim had told him about a number of holes out in
an area of 57 acres and Jim asked Chairman Shepard if the commissioners could come
out to the site and investigate what type of holes were out there. Jim felt that
these holes were potential for mining. Commissioner Paulson felt that Mrs. Vedder
should be asked to accompany the commissioners on this trip. Commissioner Young
also stated that he felt that Mrs. Vedder should be asked to come along on this trip.
A date was set for 2:00 on Monday, September 24 to see Jim. Chairman Shepard is
taking care of the details.
On another matter not on the agenda, Chairman Shepard said that Chuck Johnson
would like the commissioners go out and look at a pit regarding his pit application.
This has to do with Tumalo Irrigation Water District. Commissioner Paulson suggested
a date of Monday, September 24 at 2:30 to look into this matter.
The next matter that came up in the meeting--Web Loy Jr., Request for Conditional
Use Permit to Operate Christian School. Mr. Loy told the Board that he represented
Central Oregon Christian School and that their problem was the fact that the highway
was so close to the school and coming closer it was hard to hold classes and children's
attention as it was so noisy. The School has made arrangements with Brooks/Scanlon
to use their old office where the school district used to be but that building is
located in a heavy industrial use area and is not really suitable for a school. There
is also no allowance in the zoning ordinance as it stands for the school to use the
building. They do have the permission of the fire marshal to use if the Board approves.
There was discussion on the problems of having the school use this building because
the ordinance does ok it but then again it does not. Commissioner Young suggested
that more information be gathered so that some decision can logically be made con-
sidering all needs and rules. Commissioner Paulson and Chairman Shepard felt that
that was a good idea.
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Next on the agenda was Bill Reed, Request to Put in their own Road in Star Ranch
Subdivision. Mr. Reed informed the Board that the subdivisions preliminary plat
approval had already been received and at the same time with some adjacent property
owners that they would like to pave their own road to and through the subdivision.
They would like the road to be private that they would be responsible for maintaining.
The plat received preliminary approval at the end of August. The request that Mr.
Reed was making of the Board was if these residents could go ahead and pave a
private road and maintain it themselves and what standards it would have to meet.
Commissioner Young, after discussion, suggested that the request be allowed.
Chairman Shepard seconded it. Commissioner Paulson still was not clear on the matter.
Louis Dvorak, County Counsel, suggested that it should be presented to the Board
how the road will be maintained. Mr. Reed told the Board that there is a Home Owners
Organization formed to take care of the road. Commissioner Paulson does not think
that the road should be private. Louis advised the Board to have Mr. Reed bring
in the Articles of Incorporation of the Home Owners Organization and their CCR to
the Board. It was then brought up if the 'toad could be put on the road system for the
County to maintain. Chairman Shepard said that there wasn't any money left to the
road department for them to take care of another road. Commissioner Paulson said
that he would like the above documents brought in and reviewed and more information.
Chairman Shepard stated that he believed that Commissioner Paulson would like some
assurance that the home owners association would take care of the road once the road
is built. Commissioner Paulson asked that the motion be withdrawn. Commissioner Young
asked Mr. Reed's permission to withdraw the motion. It was given; second was with-
drawn also.
Next on the agenda was Steven Sweet, Century West Engineering--Request on behalf
of City of Bend to Locate Water Tower on Awbrey Butte. Jeff Frank spoke on behalf
of Steve Sweet and Century West regarding this matter. He informed the Board what
Century West would like to do--they want to build a water tower on Awbrey Butte.
The tower will be 80 £t high and will have to be camouflaged someway. Mr. Frank
asked the Board what procedure they have to follow in order to get this tower up.
After brief discussion, the Board advised the two gentlmen to put together a presentation
to give to the Board. Commissioner Paulson suggested that the citizens of
Bend should have some input into the raising of this tower as it would best benefit
them. Commissioner Young suggested that Mr. Frank prepare a presentation as to
the aesthetics and economic outlook that the tower will present. He would like
to see the whole project outlined rather than do it piecemeal. The gentlemen left
with this to do for the Board.
Next thing that came up--Mike Maier had some agreements that the Board needed to
sign. One was for the Computer for Data Processing; The other was for the copier
in Juvenile. Both were signed.
Chairman Shepard asked Mike about COIC presentation. Mike said that he had made
a presentation September 20, 1979. He said that everything went very well;
Bill Pack from Seattle is coming on Monday to make another presentation the employees
about U.S. Civil Service in Conference Room A.
Zoning change Z-79-7 was brought up. Commissioner Shepard had some questions about
it, which went unanswered. Commissioner Paulson asked Louis Dvorak about the zone
change. It was discussed by Louis that if the Board wanted him to, since he was
working on PL-9 he could put a provision in it about zone changes that would explicitly
explain how the Board should lawfully do it. It was brought up that the Board only
made a zoning change on the recommendation of the hearings officer after he(hearings
officer looks into the change. Chairman Shepard feels that the opinion of hearings officer
is very important as that is his specific duty to look into zone changes.
Chairman Shepard said that if he does not agree with the findings of fact he is not
going to sign it. It was decided to put this zoning change aside until the commissioners
have a chance to make up their own findings of fact and look into the matter further.
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Before dismissing the matter, Chairman Shepard once more brought up the duties of
the hearings officer. He said that the Board should not have to hold a hearing on
zone changes as that was the hearings officer's job. That's why he feels that the
hearings officer is so important in the overall change.
Louis Dvorak brought up the subject of an executive session that he would like to
hold with the Board regarding Rogerson's Wrecking Yard. Lou would like this session
as soon as possible. It was agreed that this would be held immediately after the
regular meeting.
Tom Gilnor was present at the meeting to discuss the property on Neff Road again.
He had a map which he presented to the Board of Gary DeBernardi's driveway which
came out onto Neff Road. He felt that if his driveway was moved 10 miles to the
south it would be much better; less dangerous etc. Gary wants to do some work
on the property which is being held up because of the who wants the property and who
holds the deed. Commissioner Paulson thought it would be a good idea to
find out what Gary's plans are. Chairman Shepard said the easiest way to find out is
to ask him straight out. This will be done.
Another zone change was brought up for discussion. It was an earlier one that
Chairman Shepard had some questions on. It was discussed briefly and Lou read
a similar case to the Board. Chairman Shepard asked Lou if he would give copies
of the case to the three Commissioners so that they would be able to review it by
themselves and come to a decision. Lou said he would make the copies.
During the Executive Session a matter came up that should have been in the regular
meeting. Chairman Shepard said this matter has to do with appointing people to
the Deschutes County Extension Program. He has a list of recommendations from Marvin
Young who were to have letters written to them; Chairman Shepard moved that the
following people be appointed to the Deschutes County Extension Advisory Committee:
Gary Nelson, Cliff Hamilton, Ms. Karen Brooks, Ms. Nancy Lewis, Mr. Henry Lewis,
Jess Butler, Bob Schmark and Ginny Smith. Commissioner Paulson seconded the motion.
Commissioner Young was absent. Commissioner Paulson--aye. Chairman Shepard--aye.
There being no further business the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
CLAY E ARD, airman
C
R PA LSON, JR., Commission
ALBERT A. YOUNG, Comm oner
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