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2007-916-Minutes for Meeting February 20,1980 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS 1~V ~OV1.916 COMMISSIONERS' JOURNAL 0612012007 09;21;56 AM II I I I II I I III II I II I I II II IIII III 2007-916 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 FEBRUARY 20, 1980 - COURTDAY MINUTES Chairman Young called the meeting of February 20, 1980 to order at 10:00 a.m. with all three commissioners present. The first item on the agenda was the final hearing for annexation to Sisters RFPD(Tollgate). Chairman Young stated that he would read the notice of final hearing and would then open the hearing. As there was no opposition nor was there anyone wh.o spoke in favor of the annexation, a motion was made. MOTION: COMMISSIONER PAULSON moved to approve the establishment of the annexation. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next item on the agenda was the final hearing on the River Forest Acres Special Road District. Chairman Young read the order into the record. Chairman Young asked if there was anyone present who wished to speak either for or against this road district. Gerald Kolb, Attorney, representing the Massman's presented to the commissioners a packet of information regarding this district and pointing out that this northern boundary is right along the Massman's property. The Massman's would like to leave out the southern portion of the district which are the larger parcels and would probably not need any access. Mr. Kolb stated that he and his clients felt that until such time as the Davis and Massman conflict has been settled by the courts that the road district can be set up. Diane Price stood up in favor of the road district so that the road could be repaired and kept up. Mrs. Price feels that there is not enough time to just wait to put this district together as it has to have a decision by March 31, 1980 to get on this year's tax rolls. If it did not make the March 31, 1980 deadline, then the district would have to wait until the 1981/82 tax rolls. Mr. Price stated that Les Davis does the roadwork for the surrounding neighbors and that this was a private battle between the Davis' and the Massman's. Hazel Morgan, a tenant of River Forest Lane for 12 years, and Abel Sidel also added to the conversation. Mr. Sidel stated that the Massman's were only one family out there in the district and it was his understanding that it took 15% of the population to make a change as such. Mr. Sidel asked Mr. Kolb if the Massman's were planning to close the road from being used during this time that they are in court. Mr. Kolb said yes, the road would be closed. There was further discussion. Chairman Young closed the hearing and asked the other two commissioners if they had any questions. There were some points of clarification to be made. There was discussion if this road district was set it would negate the previous action taken by the Board in denying the way of necessity. MOTION: COMMISSIONER SHEPARD moved to approve the River Forest Acres Special Road District as petitioned. COMMISSIONER PAULSON: Second for discussion VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. Next on the agenda was a preliminary hearing for Annexation to Rural Fire Protection District No. 2 (Armstrong). This was setting the date of March 19, 1 - BOARD OF COUNTY COMMISSIONERS 1980 as the final hearing date. Chairman Young read the order into the record. MOTION: COMMISSIONER PAULSON moved to approve the order setting the final hearing date as March 19, 1980. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next on the agenda was the decision regarding the Mountain View Mall Appeal, CU 79-26. Assistant County Counsel asked the Board for a continuance on this matter as the two attorneys involved, Dave Jaqua and Chuck Johnson were not present. Commissioner Paulson asked if there should be any discussion regarding this and Ms. Thompson said that she would prefer it if discussion were held tomorrow along with a decision to be made. She would draft an order following the meeting to reflect what was done. It was the concensus of the Board to make the decision on February 21, 1980. Next on the agenda was the second reading of Procedural Ordinance PL-9 as the Planning Department has stated to the Board that they have not yet had an opportunity to review the ordinance and make recommendations. On that basis, it was the concensus of the Board to review PL-9 on March 19, 1980. Next item on the agenda was a transfer of funds due to incorrect coding in the Mental Health Department. MOTION: COMMISSIONER PAULSON moved that the Board approve the transfer. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. There was an order in the matter of correction of records due to incorrect coding in the GH Medical Nursing Fund. MOTION: COMMISSIONER PAULSON moved to approve the order. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next on the agenda was a discussion with Jane Kirkpatrick - Mental Health Division Subcontract Lease. Jane said that in the past the Mental Health Division has worked with certain organizations - private non-profit - and contracted with these organizations to provide mental health services to those who need it and their has been an Attorney General's opinion questioning whether or not that was legal. She said that in the past, the monies went straight to the Division but now the monies would have to be run through the county's general fund and accounting would have to be made of this money. Jane said that there are four councils which the county should be taking under its own control and they are: Council on Alcoholism, the Preschool for Developmentally Disabled, Central Oregon Opportunity Center and Creative Enterprises (Dynatron, Inc.). Jane also said that the State was not matching the County 50-50. MOTION: COMMISSIONER PAULSON moved that the Board require that the following four contracts be funneled through the county and subcontracts be let out to the appropriate agencies: Council on Alcoholism, the Preschool for Developmentally Disabled, Central Oregon Opportunity Center and Creative Enterprises. Also, that the following three not be con- 9 BOARD OF COUNTY COMMISSIONERS tracted through the county but remain as a service contracted through. the State: Child Treatment Center; Redmond School District No. 2 and Bend School District Number 1. Also that a letter to the Mental Health. Division be sent explaining this action. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON Aye. COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. Chairman Young had a liquor license that needed one signature as okaying it. The licensee has paid his fees and has the sheriff's okay. Chairman Young asked why the licenses were being brought to a meeting now when in the past they had just been signed right in the office if the fees had been paid and the sheriff had okayed it. It was the concensus of the Board to go back to do this this way. There being no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS ROBERT C. PAULSON, JR., Comm! loner /jo 3