2007-902-Minutes for Meeting January 22,1980 Recorded 6/20/2007NANCYUBLANKCOUNTY OFFICIAL ENSHIP, COUNTY CLERKDS U 2007-902 COMMISSIONERS' JOURNAL 06/20/2007 09:21:56 AM IIIIIIII II~IIIIIIIIIIIIIIIII III 2007-902 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 JANUARY 22, 1980 - DAILY MINUTES Chairman Young called the meeting to order at 10:00 a.m. with all three Commissioners present. Chairman Young stated that he would have to take #8 on the agenda as the first item this morning as it was a publicized hearing to take place at 10:00. The first item taken off the agenda was a preliminary hearing on Tollgate Annexation to Sisters RFPD. Chairman Young read the notice of final hearing setting the final hearing date as February 20, 1980 at 10:00. As there were no comments on this matter, Chairman Young closed the hearing and asked for a motion from one of the other commissioners. MOTION: COM![ISSIONER SHEPARD moved to set the date of February 20, 1980 as the date for the final hearing. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. Chairman Young then took the first item on the agenda into consideration. This matter had to do with the landscaping and paving violation of Instant Homes, represented by Terry O'Sullivan, Esq. Margaret from the Planning Dept. had this item put on the agenda as Mr. Bruckner of Instant Homes has not complied with his site plan as approved in regard to landscaping and paving. Chairman Young asked Mr. O'Sullivan what his position is. Mr. O'Sullivan stated that he and his client were well aware that there had been landscaping conditions that had to be met; however, Mr. O'Sullivan stated that this site plan had been approved at the same time that the land had been zoned commercial. As to the paving, Mr. O'Sullivan stated that he has instructed his client not to pave as this would be an expansion of a non-conforming use as he now is under the present zoning. Commisisoner Shepard asked if people pretty much knew where the proposed access was going to be. Chairman Young stated that he did not feel that Mr. Bruckner shouldibe required to landscape any of his property if it has to go to the State Highway Department. Commissioner Paulson agreed with him. MOTION: COMMISSIONER PAULSON moved that site plan 78-109 not be required to be completed at this time but subject to the zone change (that we have been speaking of) not being carried out, that by July 1, 1980 the Board would have the authority to re-exercise the right to require that landscaping and paving be done if that zone change is not filed or completed by that time and also that if the zone change is granted, then a new site plan be submitted in compliance with the access granted in that zone change and that that be submitted to the Board within two months of the zone change. COMMISSIONER SHEPARD: Second. VOTE COMMISISONER PAULSON: Aye. COMMISSIOENR SHEPARD: Aye. CHAIRMAN YOUNG: Aye. The next item on the agenda was Jerry Alley - request for temporary permit to place mobile home. Mrs. Alley was present for this matter and explained her problem to the commissioners. Mrs. Alley stated that in December 1976 the owenrs of a certain parcel of land applied for a permanent permit to place a mobile home on that parcel. The permit was granted for a single wide. In December, 1979, the land was rented to the Alley's and now they have purchased a single wide mobile home and were told that they need to.get a temporary permit until they could get a permanent permit. Commissioner Paulson asked if the mobile 1 BOARD OF COUNTY COMMISSIONERS home was hooked up. Mrs. Alley said it had to be because they had nowhere else to put it and they had nowhere else to live. Commissioner Shepard moved to allow the Alley's to put up their mobile home. Commissioner Paulson asked if he may re word the motion. MOTION: COMMISSIONER PAULSON moved that the Board allow the temporary permit for placement of a mobile home on the property in question for Jerry Alley with the understanding that the application for permanent placemnt will be submitted this week (January 22-25, 1980) appropriate fees paid and that if the hearings officer or any appeal body rules that the mobile home should not be permanently placed, then it would have to be removed within 30 days of denial and exhaution of all appeals. The occupation of the home between now and the time-of -.the; final decision does--not.-build-up any vested rights for the parties involved. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next on the agenda was Oscar Bratton, County Assessor, with a discussion regarding miscellaneous matters. The first matter that Mr. Bratton brought up was that if the County had a policy for giving out retirement pins. The next matter that Oscar brought up the matter of his staff doing county appraisals that are now starting to cut into his work load. He stated that h.e did not mind doing these appraisals for the county, however, now it is cutting into his office time and work is not getting done. Chairman Young stated that he felt that some of the things Oscar was talking about; more support staff, more money to pay his staff, etc. would be more appropriately be put before the Budget Board. Mr. Bratton then gave the Board an update of his office duties. The last thing that Mr. Bratton showed the Board was a Marion County fee schedule that he would like to adopt for Deschutes County. The Board said that if Oscar liked that schedule, he could adopt it. The next item on the agenda was Tumalo Irrigation District - discussion regarding possible land exchange. The representative from the Irrigation District gave the Board a small map in there is showing lands that are Tumalo Irrigation District and lands that are the County's. The district wants to make this exchange as their land is right in the middle of the County's and vice versa. Commissioner Paulson feels that the commission should wait until their analysis of county lands was finished before they sold or exchanged any more County land. No action was taken at this time. Next on the agenda was Steve Scott with a discussion regarding land adjacent to the County. Mr. Scott was present trying to inform the Board that he wanted to buy the land that the County road shops is now sitting on. Mr. Scott gave the Board an aerial shot of the land and a brief history and description. There was discussion about the possiblity of selling this land outright to any one the County wanted to or if the land would have to be put up for bid. Chairman Young said that the County could sell the land outright since they bought it outright. Commissioner Paulson stated that he would like to wait to see what the analysis committee on county lands would have to say before any action is taken. Chairman Young said that he would wait 30 days for something to be done and then he would take some action himself. 2 BOARD OF COUNTY COMMISSIONERS Next on the agenda was a discussion regarding forest receipts. Mike Maier gave Commissioner Paulson a memo to Charlie Plummer regarding the allocation of funds for road in Bend, Redmond and Sisters. Commissioner Paulson asked Commissioner Shepard if he had done any checking on this matter. Commissiooner Shepard said that he had done some checking but had not gotten very far. MOTION: COMMISSIONER PAULSON moved that the Board approve the distribution figures for the forest receipts for the cities (Bend, Redmond and Sisters, respectively) as outlined in the memo to Charles Plummer from the Board dated January 10, 1980. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Commissioner Paulson had to leave as he had an appointment in Redmond. Chairman Young said that he would postpone the next item on the agenda until such. time as Commissioner Paulson would be available. That was the appointments to Land Use Compensation Committee and Comprehensive Plan Review Committee. The next item on the agenda was a transfer order transferring $1,983.56 from Building to Dept. of Administration as Lucille Bryngelson was put on the Administrative payroll instead of Building. MOTION: COMMISSIONER SHEPARD moved to approve the transfer. CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. The next item on the agenda was a minor partition MP 79-151, also a declaration of dedication to go with this partition. read the description of the land that was to be dedicated to MOTION: COMMISSIONER SHEPARD moved to accept the CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. MOTION: COMMISSIONER SHEPARD moved to approve MP CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. There were three refund orders for approval. Receipt #17425, $144.00, George Stephenson--approved. Receipt #16413, $40.00, High. Desert Museum--approved. Receipt #15802, $65.00, High Desert Museum--approved. Jonas. There was Chairman Young the County. dedication. 79-151, Jonas. Jill had a matter that needed to be brought up regarding a land use license. for Bernard Burke. The only access that Mr. Burke has to his property is across County land and this agreement gives Mr. Burke the authority to cross County land. As the Commission agreed to do this in a previous meeting, all that was required from this meeting was the signatures of the commissioners. Lou Dvorak had a matter that he needed to discuss with the Board regarding William Blake. Mr. Blake has leased some land from the county and is in arrears of his rent 2 years. Last year he owed the county $6,217.00 and has told the Board that he would like to negotiate that price down. This year, Mr. Blake's 3 BOARD OF COUNTY COMMISSIONERS rent is due again. He now owes the County $12,000. Mr. Dvorak said that when Commissioner Shepard was chairman, he had discussed this with him and Commissioner Shepard had told him-oto sue Mr. Blake for the rent that he owed the County. Mr. Dvorak said-that he has filed an action against Mr. Blake for his unpaid rent for 1979 which was due January, 1979. Mr. Jaqua, Mr. Blake's attorney,has asked for a hearing on settling the lawsuit; the commissioners and Mr. Dvorak do not feel that a hearing would settle the matter. No action was taken. Lou had anothe r"concern" that he needed to discuss with the Board. Mr. Dvorak said that the Board has a deed to Administrative School District No. 1 where the County has conveyed certain property on Shevlin Park road for school purposes. Now, they want to exchange that property with a private individual to get other property for school purposes. What they want is for the county to change the reversionary clause so to state that the land will revert to county if it ever ceases to be used for public purposes. The Board instructed Mr. Dvorak to change the wording in the deed to say "public purposes" rather than "school purposes". There being no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS AL RT A. YOUNG, Chairm IF skew - ff 7 CLAY C. SH I DL. Commission R ERT C. PAU'SON, J Commissioner /jo