2007-882-Minutes for Meeting December 18,1979 Recorded 6/19/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS vy 2001.882
COMMISSIONERS' JOURNAL
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2007-88
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 18, 1979 - DAILY MINUTES
Chairman Shepard called the meeting of December 18, 1979 to order at 10:05
a.m. with all commissioners present. Also present was:
Bob Lovlien, attorney for J. L. Ward
J.L. Ward, applicant
Lynn McKibben, County Engineer
Gary Judd, Office Engineer
Lou Dvorak, County Counsel
Jack Thornton, KBND
Jo-Marie Bonwell, Secretary
The first item on the agneda was a city plat: replat of a portion of Lot 2,
Block 1, Dana Butler. After looking over the plat
MOTION: COMMISSIONER YOUNG moved that a portion of Lot 2, Block 1,
Dana Butler be approved; T 153, section 15, R 13 E.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was Bob Kelleher-discussion regarding application for wrecking
license. Mr. Kelleher stated that he thought that the County was cheating him
for a fence that they were to put up, but it was decided that this was a separate
issue.
MOTION: COMMISSIONER YOUNG moved to approve the renewal of
Mr. Kelleher's wrecking license application.
COMMISSIONER PAULSON: Second.
Commissioner Young suggested that the fencing issue be set on the agneda for
a different time at which time the matter can be discussed more fully. Lynn
McKibben said that Charlie Plummer was deeply in to this matter.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was an appeal hearing for Jan L. Ward, Mountain High
PP#538. Commissioner Paulson introduced an order regarding this matter
remanding it to the Hearings Officer for more information as the Board feels
that there is insufficient information in the file. After explaing this
order further to the Board
MOTION: COMMISSIONER PAULSON moved in the matter of Preliminary
Plat 4538, Mountain High that the Board adopt this
order.
CHAIRMAN SHEPARD: Second.
There was a five minute recess so that all parties involved could read the
order. There was much objection to the order by the opposing party, Mr. Ward.
Mr. Lovlien stated that they were wholly objective to this order as they
believed it was a delaying tactic and also a tactic to try and make Mr. Ward
build the road. After further discussion:
VOTE COMMSSIONER PAULSON: Aye.
COMMISSIONER YOUNG: No.
CHAIRMAN SHEPARD: Aye.
The matter will be remanded to the Hearings Officer to get more information;
a special hearing will be set to hear any further information that the Hearings
Officer comes up with.
Commissioner Paulson asked Bob Lovlien and J. L. Ward that they may want to
stipulate this to be a non-public meeting. It was so stipulated by Bob Lovlien.
1
BOARD OF COUNTY COMMISSIONERS
Bill Reed came into the meeting with a minor land partition, MP 79-227 for
signature by the Commissioners.
MOTION: COMMISSIONER YOUNG moved to approve MP 79-227
of Brooks Scanlon Company.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Commissioner Paulson had a new release which he brought forth for the Board's
review, which involves the idea to form three review committee to study key
issues that affect the future of Deschutes County. There was a consensus
between Commissioner Young and Commissioner Paulson that this should be followed
up.
Next on the agenda was a discussion by Commissioner Young regarding the Green
matter. Lou Dvorak asked that this discussion be in Executive session as
if the discussion got out to the public it could harm the county in court.
Chairman Shepard okayed the idea.
Coming.out of.Executive session Commissioner Young made a motion. ,
MOTION: COMMISSIONER YOUNG moved inasmuch as Mr. Green's permits
were issued in good faith and Mr. Green accepted them in
good faith, I would move that any action against Mr.
Green now in progress or pending be withdrawn and
the permits be honored'and that. be the end of it:.
CHAIRMAN SHEPARD: Second for discussion only.
VOTE COMMISSIONER PAULSON: No.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: No.
The motion died.
MOTION: COMMISSIONER PAULSON moved that Jill Thompson be instructed
to be the counsel in charge for this case with assistance
as needed by Lou Dvorak.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Abstain.
CHAIRMAN SHEPARD: Aye.
The meeting adjourned until 1:30 p.m. this afternoon.
1:30 p.m.
Chairman Shepard called the meeting to order at 1:30 p.m. The first item on the
Scott Oakley. Mr. Oakley stated that last summer he did a minor partition out
on Old Deschutes Road and the Road Department informed Mr. Oakley at that time
to realign Old Deschutes Road to where the road crosses the bridge. Mr. Oakley
did this and widened the road to the full sixty feet with a right of way.
Mr. Oakley also brought the;:road up to County standards which Mr. Oakley did by
putting 10 inches of cinders on it. Mr. Oakley said that the Road Department had
told him that if he did that much work, they would go ahead and pave it.
Then Mr_. Oakley received a letter stating that the County would pave the road at such
time as sufficient need is-demonstrated relative to other needed improvements
at that time. In the meantime, Mr. Oakley has sold the lot that faces the road
with the understanding that the road would be paved in the near future. He would
like a set date as to when the road would be paved. The Commissioners said that
they would check with the Road Department and get back to Mr. Oakley.
2
BOARD OF COUNTY COMMISSIONERS
Next on the discussion with James Mayo regarding a major land partition
MJP 78-56. Mr. Mayo stated to the Board that he was having a problem
with partition that he didn't even know existed. He was given preliminary
approval in August of 1978 and after that his partition got sidelined
and now is caught up in the net of old rules and new rules. There was
some discussion over how and why this partition got side-tracked or for-
gotten.
MOTION: COMMISSIONER PAULSON moved to approve MJP 78-56
as indicated on the plat.
COMMISSIONER YOUNG: Second the motion.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was a discussion regarding the County Surveyor's office.
Mike Maier accompanied Ed Graves into the meeting for this discussion.
Mike said that there would be a supplemental budget set up for the surveyor
so that Mr. Graves can deposit the fees that he has collected and then be
paid for his services. Mike stated that until the supplemental budget can
be set up, money would be deposited into the Commissioners budget for contract
services line item and then pay Mr. Graves for his services. Mr. Graves stated
that he would like a partition checking fee as there is for plats and he
won't give up his salary. The Board will enact a partition checking fee.
The County will also supply the surveyor with a secretary, office space,
telephone, supplies etc. Mr. Graves stated that he did not care if the
office was open or not. He only keeps it open according to state law.
MOTION: COMMISSIONER YOUNG moved that the Board put the money
in the line item of the County Commissioner's budget
so that the money can be paid out and then proceed with
the supplemental budget so as to get this through the
regular budget process so that the operation can continue.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: No.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Commissioner Paulson believes that there should be an accounting of the fees
taken and deposited. The surveyor will submit a bill and not an itemized
list and after that bill has been received, he will be paid.
For signature was a letter to Tom Throop regarding Adoption of Comprehensive
Plan Ordinances. There was a question on the Board if the Plan was adopted
legally so they are sending to the Attorney General for his opinion through
Tom Throop. It was approved.
Next on the agenda was Mike Maier regarding County Printing Requirements
and Public Use of County Facilities. Mike said that he has taken a survey
of letterheads to see how many kinds were used throughout the County. Last
year, Mike said, the County spent a little over $70,000 in printing. Mike
stated that the County has at least 5 printing agencies throughout the County.
He feels that if a bid is put out for the printing services for the County,
the County would save quite a bit of money. He would draw up some bid specs to
follow. This includes stationary, forms and any other printing that the
County needs to have done in large quanitities such as the comprehensive plan.
Mike would like to get some comments from the Board regarding the use of
the Justice Building for public use. It was the concensus of the Board that
Mike should go ahead with the idea.
3
BOARD OF COUNTY COMMISSIONERS
Next on the agenda was a quit claim deed to the City of Redmond. Chairman
Shepard read the quit claim deed into the record. This parcel of land (3.17
acres) was deeded to the City of Redmond for tax purposes. Lou Dvorak stated
that this is the land that was to be conveyed to the City of Redmond in order
to equalize the land trade in which the county originally conveyed the two
acres which the County did not own.
MOTION: COMMISSIONER YOUNG moved to convey the described land in
the deed to Redmond.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
For signature there was an order for the awarding of service pin awards.
Chairman Shepard read the order into the record.
MOTION: COMMISSIONER YOUNG moved to adopt the order for service
pin awards.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
These pins are awarded at the Christmas party.
Commissioner Paulson broughtup the matter of the second reading of PL-9.
Commissioner Paulson read a memo from Bill Monroe, Planning Director that the
Planning Commission voted unanimously to request the opportunity to review
PL-9 and if they have any to offer suggestions before the final reading of
that ordinance. It was agreed by the Board to hold the second reading on
January 16, 1979.
Next on the agenda was a declaration of dedication from Carlton and Marion
Thomas. They dedicated to the County a parcel of land for roadway and utility
purposes. Chairman Shepard read the document into the record.
MOTION: COMMISSIONER YOUNG moved to accept the dedication.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda for signature were some minor land partitions:
MOTION: COMMISSIONER YOUNG moved to approve MP 79-198, Shrader.
VOTE .
MOTION:
VOTE .
MOTION:
VOTE:
approve MP 79-53, Lindsay.
approve MP 79-101, Gray.
CHAIRMAN SHEPARD: Second.
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
COMMISSIONER PAULSON moved to
COMMISSIONER YOUNG: Second.
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
COMMISSIONER PAULSON moved to
COMMISSIONER YOUNG: Second.
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
4
BOARD OF COUNTY COMMISSIONERS
MOTION: COMMISSIONER PAULSON moved to approve MP 79-36, Quintana.
CHAIRMAN SHEPARD: Second.
VOTE
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
MOTION:
COMMISSIONER PAULSON moved to approve MP
78-268, Fleming/
Thompson.
COMMISSIONER YOUNG: Second.
VOTE
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG; Aye.
CHAIRMAN SHEPARD: Aye.
MOTION:
COMMISSIONER PAULSON moved to approve MP
79-190.
COMMISSIONER YOUNG: Second.
VOTE
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
MOTION:
COMMISSIONER PAULSON moved to approve MP
79-190, Crisp.
CHAIRMAN SHEPARD: Second.
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was a discussion regarding the contract estimate on
the Neff Road Project Commissioner Shepard stated that he had talked with
Tom Gilnor; he also showed the other commissioners a billing with a balance
of $83,728.71, estimate. Commissioner Paulson suggested approval subject
to verification with Mike of the money. Chairman Shepard wants to check this
with Mike. Commissioner Paulson will do this.
Chairman Shepard brought a letter dated December 14, 1979 from the Road
District Meeting. At that meeting Mr. Barry McKeefer was nominated to be
presented to county commission for appointment to the Board of the District
for the position that will be vacant when the term of James L. Kazier expires
December 31, 1979.
MOTION: COMMISSIONER YOUNG moved that Mr. McKeefer be appointed
to the Road Advisory Board.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
BOARD OF COUNTY COMMISSIONERS
i
C PAR'., a'
ALBERT A. YOUNG, Commi ,?7o-ner
ROBERT C. PAULSON, JR., Commis