2007-883-Minutes for Meeting December 19,1979 Recorded 6/19/2007COUNTY
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COMMISSIONERS' JOURNAL
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 19, 1979 - COURTDAY MINUTES
Chairman Shepard called the meeting of December 19, 1979 to order at 10:06
a.m. with all three Commissioners present.
The first item that was before the Board this morning was a plat from the City
of Redmond, Reindeer Woods Subdivision.
MOTION: COMMISSIONER YOUNG moved to approve Reindeer Woods
subdivision.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
The first item on the agenda was a final hearing on Annexation to RFPD#2
(McConnell). Chairman Shepard opened the hearing on this matter and asked
if their were any objections for this annexation or anyone to speak in favor
of it.
POTION: COMMISSIONER YOUNG moved for adoption of this order for
final hearing subject to staff approval.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was Findings of Fact re Way of Necessity: Lester C. Davis
and Joyce Davis, Petitioners, and Dellon K. Massman and Nellie B. Massman,
Respondents. Commissioner Paulson did not vote on this matter as he was
not present at the meeting which the discussion took place. If Chairman Shepard
and Commissioner have a split vote, Commissioner Paulson will review the tape
and the minutes of the discussion and come up with his own findings. Commissioner
Young stated that he has his own findings of fact which he drew up himself.
MOTION: COMMISSIONER YOUNG moved that the Way of Necessity be denied
as there are other means of entry and it is not right nor
practical to cut the Massman property in half to provide a
way of necessity.
The motion died for lack of a second.
MOTION: COMMISSIONER PAULSON moved that the item be continued
until this coming Friday, December 28, 1979 at 10:00 a.m.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was an order and deed conveyance of certain lands to the
City of Bend. Chairman Shepard read the order into the record. This land
was deeded to the City of Bend from the City of Redmond for public purposes.
Lou stated that this was a hearing on tax foreclosed property and the statures
required that since it acquired by the county through tax foreclosure that
there be a hearing on objections to its conveyance to the City of Bend for
public purposes. Lou stated that there should be an affidavit of publication
in the file. Commissioner Young moved to adopt the order. After Lou stated
that this was to be a published hearing and wasn't, Commissioner Young withdrew
his motion. The matter was tabled until Lou could find out if this matter
had been published.
Next on the agenda was the First reading of Ordinance 203.11, an ordinance
for the control of noise.
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BOARD OF COUNTY COMMISSIONERS
MOTION: COMMISSIONER YOUNG moved that the first reading be by
title only.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Chairman Shepard read the ordinance by title only. The second reading will be
January 2, 1980.
Next on the agenda was a Second reading of an Amendment to Ordinance 203.7
Deschutes County Road Utility Permit Ordinance. As this ordinance was very
short, Chairman Shepard read the ordinance in full.
MOTION: COMMISSIONER YOUNG moved to adopt this ordinance.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was a First reading of ordinance 203.12, an ordinance
restricting the Issuance of Building Permits.
MOTION: COMMISSIONER PAULSON moved that the first reading of this
ordinance be by title only.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Chairman Shepard read the ordinance by title only, then opened the hearing
for discussion. Lynn Jarvis, attorney with Gray, Fancher,Holmes, & Hurley.
Lynn Jarvis stated that her firm had received a copy of that ordinance late
the night before and had not really had a chance to thoroughly go over this
ordinance and would like a chance to do so. She would like to delay the
second reading until such time as she and Mr. Dvorak could discuss the merits
of the Ordinance as he suggested. The second reading will be on January 16,
1980.
Going back to the matter of the order and conveyance of deed to the City of
Bend, the publication necessary has been made and Chairman Shepard opened
the hearing on this matter. As there were no comments on this matter for
or against the conveyance, the hearing was closed.
MOTION: COMMISSIONER PAULSON moved that the order and deed be
approved.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Commissioner Young has a discusison regarding attendance at the joint legislative
committee on Land Use. Commissioner Young stated that last Tuesday, December 11,
1979 he attended the joint legislative committee meeting on land use in Salem
and continued of say that he had never been more disappointed in a committee as
he was in this one. He said that the committee was rude and would not listen
to anything they didn't want to. He believes that the Deschutes County land use
committee would be able to do more than this committee. Commissioner Young
also stated that there was to be another meeting of this committee but he did
not think that he would waste his time or the County's time in attending.
Next on the agenda was Yen Roth with a discussion regarding land sale. Mr. Roth
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BOARD OF COUNTY COMMISSIONERS
in interested is purchasing some land which is not now being used and may not
even exist as a tax lot but he needs it as a security next to his land. This
strip of land is in the urban growth boundary and Mr. Roth stated that he felt
that the price per square foot was fair but he did not feel that the total price
was fair. There was some discussion over this. Neither the County nor Mr.
Roth want to go to the expense of having this piece of property surveyed as it
would probably cost more to have it surveyed than it's worth.
Commissioner Paulson moved that the Board put up for public auction tax lot
1000 in the matter of sale of county land. There was no second for this motion.
MOTION: COMMISSIONER PAULSON moved that the Board approve the order
in the matter of sale of County land dated December 19,
1979, with a minimum bid attached to it being $500.
COMMISSIONER YOUNG: Second.
Mr. Roth asked Commissioner Paulson where he got his figure of $500. Commissioner
Paulson stated that it was an arbitrary figure. After discussion, Mr. Roth
asked that the motion be amended to a lower figure.
MOTION: CHAIRMAN SHEPARD moved to amend the minimum bid in the
above motion to $425.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER YOUNG: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN SHEPARD: Aye.
Now the commissioners voted on the main motion as amended:
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda was a discussion regarding the 7th Mountain Service District.
The commissioners adjourned the meeting of the Board of Commissioners and
reconvened as the Governing Body of Seventh Mountain Service District.
Present for this discussion were Howard Rankin, attorney for Seventh Mountain
Service District, and Howard Kraus, Chief Engineer for the project. Mr. Rankin
gave the Board a brief history of the project. Mr. Kraus told the Board that
since the project had been rebid, he had received a total of nine bids to
submit. Mr. Rankin stated that they would like the setting of a date for a
new hearing onthe proposed construction and an opportunity for any property
owners to remonstrate against the proposed construction. The bids were discussed
and explained to the Commissioners.
MOTION: COMMISSIONER YOUNG moved that the order be adopted,
setting the hearing date on the proposed bids of
Seventh Mountain Service District for January 9, 1980.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
The meeting;of the Seventh Mountain Service District was adjourned.
Attending the meeting was Jim Curtis who is with the State Department of
Economic Development. Bill Healy was with Mr. Curtis for this presentation
concerning Mt. Bachelor. Mr. Curtis stated that Mt. Bachelor Inc. has applied
to the State Department of Economic Development for industrial loan revenue
bonds for the purpose of expanding their facilities at Mt. Bachelor.
Mr. Curtis stated that under ORS, the governing body for the facility must
approve the issuance of the bonds prior to the time that they are issued. It
also requires that the County make sure that the project is consistent with their
local comprehensive plan and is also consistent with their overall econamic
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BOARD OF COUNTY COMMISSIONERS
development. Mr. Curtis had a copy of the comprehensive plan with him and
stated that the comprehensive plan did provide for expansion of tourist
resorts for economic development.
MOTION: COMMISSIONER PAULSON moved that the Board approve
the resolution in the matter of issuance of individual
development revenue bonds by the State of Oregon,
Mt. Bachelor, Inc.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
The meeting was recessed until 1:30 p.m.
Chairman Shepard called the meeting to order at 1:35 p.m. with all three
Commissioners present.
Max Merrill was present for the King's Forest Third Addition, hearing.
Mr. Merrill has had an opportunity to talk with Mr. George Cook who
knows more about the flood problem. Mr. Merrill had some pictures of the
flood in 1967 when the flood was at its highest point. There was further
discussion about this matter. It was left at the point that the Commissioners
would go out and see the site.
Craig came in with a plat for signature.
MOTION: COMMISSIONER YOUNG moved to approve Plat #559, Starr
Ranch.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Next on the agenda were some refund for taxes for signature by the Commissioners.
Bruce McCoy--$22.75;-Wayne Allen $5.12; Brooks Resources $9,996.67; W. D.
Holmes $26.34; Casey Lenos $31.40; Elma M. Barbur $82.79; Resi J. Miller
$317.78; Charles E. Walker $110.03; Martha Hocker $69.68; Robert G. Thomas III
$55.34.
MOTION: COMMISSIONER YOUNG moved that the orders be approved.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
Commissioner Young abstained from signing the refund for Brooks Resources
as he stated that it would be a conflict of interest as he is the chairman
of the Board of Equalization.
Mike Maier had a matter that he would like to discuss with the Board regarding
the gas pumps out at the old county road shops. Mike talked with the sheriff,
Doug Maul and they had a proposal of moving the Dog Control offices and
Search and Rescue over to the old county road shops. Mike said that he had
talked with Ron Taylor of Omni Group who is doing the space study for the
County. Mike would like the board to authorize the Sheriff to move his forces
to these buildings.
MOTION: COMMISSIONER PAULSON moved to allow Mike to proceed as necessary
with all departments involved in this move.
CHAIRMAN SHEPARD: Second.
Mike stated that the Sheriff's offices would man the gas pumps. Another
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BOARD OF COUNTY COMMISSIONERS
represent
recommendation was that all the county cars be moved down to the county shops,
that way, the parking lot for the annex would not have so many cars in it.
People could drive their own private cars to the county shops, leave their car,
take a county car out and drive their car back to the annex or the courthouse.
There is also a degree of security for the cars there as the yard is enclosed.
VOTE COMMISSIONER PAULSON: Aye.
CHAIRMAN SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
MOTION: COMMISSIONER PAULSON moved that once they are out of their
current space, that the Board inform Parks & Rec that they
may get a key to that cyclone fenced area that is currently
used by Search and Rescue, so that they may park their
vehicles overnight subject to change at any time. This is
purely a temporary basis.
CHAIRMAN SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
The meeting was adjourned to Executive Session.
Coming out of Executive Session
MOTION: COMMISSIONER PAULSON moved that the Board approve the
Personnel Change notice for Michael T. Dugan in the
District Attorney's office with the new range and step to
be Range 32, Step 14.
CHAIRMAN SHEPARD: Second
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
CHAIRMAN SHEPARD: Aye.
commissioner Paulson had an idea that he would like to establish a management
team to work with the Board regarding all the concerns that the Board gets
into. Commissioner Paulson would like the team to consist of the Board, Mike
Maier, one elected official other than the Board plus three department heads.
Commissioner Paulson suggested selecting the department heads by having a
department head meeting and discussing what the Board wants and have them decide who will
and have them decide which elected official the department heads would like
to have represent them. This team would sort of be a sounding board for ideas
before they get to the Board. The three commissioners agree that this was a
good idea.
Chairman Shepard had a matter that he wanted to bring up regarding meeting
time. He stated that it seemed to him that an awful lot of time was being
spent in meetings and he for one was not getting anything done. He suggested
no meetings on Mondays and Fridays and only having hearings on courtday
Wednesdays. Commissioner Young and Commissioner Paulson were agreeable to
this. This new policy will be in effect January 1, 1980. It was also
suggested that a department head meeting be held every second Thursday.
There being no further business, the meeting was adjourned
BOARD OF C NTY COMPZIS 0 S
CLAY C. SHE RD, Chairma
R BE PAU SON1 JR., Commission r