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2007-884-Minutes for Meeting December 20,1979 Recorded 6/19/2007DESCHUTES NANCY COUNTY CLERKDS ~V ~00~'~~~ COMMISSIONERS' JOURNAL 11111111 111IM111 III mill 11111111 1 06/19/2007 11:38:22 AM 2007-884 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 BOARD OF COUNTY COMMISSIONERS DECEMBER 20, 1979 - DAILY MINUTES Chairman Shepard called the meeting of December 20, 1979 to order at 10:03 a.m. with all three commissioners present. The first item on the agenda was Request for Variance of Road Standards - Apache Hills. Present for this discussion was,Paul Speck representing Lee Bender and Gene Wyatt. Commissioner Paulson brought up a matter re- garding the authority of the Board to waive road standards and the Hearings Officer is the only one who can do this. There was some discussion over this. Lynn McKibben, County Engineer read the section in county road specs where the Board of Commissioners are the authorizing power to waive road requirements under certain conditions. Mr. Speck asked for a continuance in this matter as he had found new information but had not had time to go over it completely. MOTION: COMMISSIONER',YOUNG moved that the request for a continuance be granted. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. The date set for this continuance is Tuesday, January 8, 1980 at 11:00 a.m. Next on the agenda was a discussion regarding Industrial Park Blvd. Over- crossing Power Line Adjustment, Pacific Power & Light. Co. Lynn McKibben told the Board that the Road Department has been notified by PP&L that they are getting ready to reconstruct their power lines running parallel to the railroad tracks north of Bend. The Road Dept. had told PP & L some time ago that they had some plans and intent in the far future of possibly reconstructing Industrial Park Blvd.so that it would cross the tracks at Nels Anderson area. PP & L wrote back to the Road Dept. and asked that if they needed to have those lines relocated in the future, to have PP & L do it now as it would not cost as much. Lynn said that what he wanted from the Board, was for them to concur with that proposition because Lynn believes that that structure will be needed. MOTION: COMMISSIONER YOUNG moved that the Board proceed with the power company in the raising of the;-power lines-because at this time it's cheaper and then the job will be done for such time when a new bridge is built within 15% of their estimate of $13,524. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was a discussion regarding county grazing leases. Present for this discussion was Bill Pruitt, Don Walker, Don Yager, Don Meltenburger, Mrs. Craig, Donna Gill and some others. Lou summarized some of the lessees leases for the Board along with how much each individual was paying before the comprehensive plan was adopted. Now they are going to have to pay much more. There was much discussion on how this was to be handled--if a bidding session should be held or is a negotiations session will be held. Commissioner Young stated that he was opposed to bidding sessions now. He believes that the lands should be retained by the people who are now holding them. MOTION: COMMISSIONER YOUNG moved that the Board renegotiate the leases--those that have been canceled and those that will be coming up for renewal that they be 1 BOARD OF COUNTY COMMISSIONERS renegotiated on the basis of the taxes for a period of 10 years with a two-year notification of any change in status. CHAIRMAN SHEPARD: Second. There was a discussion on the motion. Lou Dvorak suggested tabling the motion until he is able to get a liability question clear for the County's sake. Mr. Dvorak told the Board that if a fire were to start on County land and then spread onto private property, the County could be held liable but he wasn't sure because that issue had not yet been litigated. Chairman Shepard said then that on the advice of counsel, it would seem best if the Board took no action on this matter until questions become clear. The previous motion was moved for by Commissioner Young. VOTE COMMISSIONER PAULSON: No. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: No.. The meeting was adjourned until 1:30 p.m. Chairman Shepard called the meeting to order at 1:45 p.m. with Bob Paulson, Jill Thompson, and Jo-Marie Bonwell present. Commissioner Paulson had two applications for business licenses. MOTION: COMMISSIONER PAULSON moved approval of Bend Salvage Company wrecking license, 64154 N. Hwy 97. CHAIRMAN SHEPARD: Second. VOTE COMMISSIONER PAULSON Aye. CHAIRMAN SHEPARD: Aye. Commissioner Young is not present; however, he has signed the application. MOTION: COMMISSIONER PAULSON moved to approve the wrecking license for Hiway Wrecking Company, 6455 N.E. 33rd in Terrebonne. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. Jill Thompson had a matter that she had to bring up. Jill drew up an agreement which has to do with a gentlmen who wants to mortgage part of his property; however if he did he would be in violation of the zoning ordinances, so Jill drew up an agreement between the County and this gentleman. This agreement does not allow him to be able to resale the proerty. Jill said that the gentleman involved needs to get his loan by the end of December and so she is now bringing this before the Board. MOTION: COMMISSIONER PAULSON moved that the Board approve the agreement in the matter of Scott and Lee Durdan that would allow them to get financing,on a-_5-acre parcel of their 30 acres. CHAIRMAN SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. CHAIRMAN SHEPARD: Aye. Jill stated that Abe knows what is going on and will probably sign the agreement. Jill had another matter to bring up regarding Long Butte Tract. Mr. Baker, the builder was supposed to finish the roads but never did, the DA prosecuted him and received three separate judgments on him but has never been able to collect any of them. He was required to post a bond in the amount of $8000 which he did; however, recently he went to the road department and asked for his bond back which he received. The county has liability to the residents of Long Butte tract since the road department released the bond. Jill asked Lynn how much it would cost to go out and take care of the roads for the resi- dents so that they would not become impassable this winter. Lynn said $13,800. 2 a BOARD OF COUNTY COMMISSIONERS MOTION: COMMISSIONER PAULSON moved that subject to any information to the contrary from the road department as they are not present, the board direct the Road Department to repair the intersection because of the releasing of the bond and related matters. CHAIRMAN SHEPARD: Second. VOTE . COMMISSIONER PAULSON: Aye. CHAIRMAN SHEPARD: Aye. There being no further business, the meeting was adjourned and an executive session entered. BOARD OF COUNTY COMMISSIONERS J~tw/ /'O~ ~.A CLAY .N EPARD, Chai an ALBERT A. YOUNG, Co 7 ssioner - ev ROBERT C. PAULSON, JR., Commissione /jo 3