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2007-925-Minutes for Meeting March 11,1980 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS Ind 2007425 COMMISSIONERS' JOURNAL 06/2012007 09:38:00 AM IIIIIIII IIIIIIIIIIIIIIIIIIII III 2007-82'3 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 MARCH 11, 1980 - DAILY MINUTES Chairman Young called the meeting to order at 10:00 a.m. with all three com- missioners present. The first item on the agenda for today was a zone change appeal - Steve Hagan Z79-13. Chairman Young read a previous letter from Bob Lovlien who is repre- senting Mr. Hagan that stated he would not be present on the day that the hearing was being held. It was set aside as it did not pertain to today's meeting. Chairman Young asked Mr. Lovlien to state his case as he did not have any information regarding it. Mr. Lovlien stated that this case was coming before the Board on appeal from the Hearings Officer and the Planning Commission. Mr. Lovlien thought that this case was unique in its way because the father in this case had purchased a parcel of land in the LaPine area and now wants to split it between his children. The Willers who are neighbors bought their land at the same time. The two families are very close and have given their children the deed to the remaining five acre parcel. Mr. Lovlien stated that this was zoned AlT for five acre holding zone and they want it to be zoned to RRl because the lots will be smaller. Each lot will be about 1.83 acres instead of five per lot. Mr. Lovlien thought that it was nice to have a family compound put together and stay together. Mr. Lovlien stated that there was a letter from John Hagan (father) in the file that the commissioners should review. There was further discussion. Chairman Young asked the other commissioners if they wanted to set a time for their decision. Commissioner Paulson suggested two weeks from today would be a good time as the commission had budget matters to contend with. It was the concensus of the Board that March 25, 1980 was set as the date that a decision would be made on this appeal. Next on the agenda was a hearing regarding the C.W. Reeve land trade with the County. Chairman Young asked if anyone present challenged the Board's right to hear this matter with regard to procedures set out in PL-9. There was no one who wanted to challenge that right so Chairman Young outlined the procedures that the hearing would, follow: there would be 15 minutes for those in favor of the trade and 15 minutes for those opposed to the trade, and 10 minutes for rebuttal time for each side. Mr. Dan Van Vactor was representing Mr. Reeve who was present and Mr. Paul Speck was present representing Mr. Floyd Welch who was not present. Mr. Van Vactor gave a brief history of the case and then wanted to turn it over to Mr. Speck. Mr. Van Vactor stated that Mr. Nichols from DEQ was present, Mr. John Glover county sanitarian and Jay Langley, sanitarian were also present. Mr. Van Vactor stated that he would not use the full 15 minutes but would reserve some of his time for rebuttal. Chairman Young agreed. It was time for those opposed to present their case. Mrs. Lois Wills presented quite a case and gave the commissioners a number of exhibits for the record with regard to allowing sewage lines in that area and specifics on rules and regulations. Mrs. Wills showed the commission pictures taken by Mr. James Turn- wall who was present showing what the land in question looks like without water on top of it and what it looks like with water on it. There was some confusion regarding the rules of the hearing; Mrs. Wills had taken the full 15 minutes with the thought that each person who spoke would get 15 minutes rather than all of them in opposition. Chairman Young allowed more time with the approval of Mr. Van Vactor and Mr. Speck for the opposition to have more time. Mr. James Turnwall presented some facts with regard to the appraisal of the land. At one time it is appraised at a very low figure and then it is appraised at a very high figure and he wanted some explanation. Mr. Tony Wills had a petition from the surrounding neighbors asking that the commission not approve this land trade. That was submitted for evidence. Chairman Young approved the raising of time for rebuttal 1 i - I,-- because at the time that he set out the rules for this hearing, he did not realize that there were so many people present with regard to this matter. Mr. Van Vactor wanted to clarify that the point of rebuttal was not to present new evidence but was to rebutt what Mr. Van Vactor might say. Chairman Young agreed. Mr. Van Vactor asked to look at Mr. Turnwall's pictures. They were discussed. Mr. Van Vactor asked Mr. Glover and Mr. Langley and Mr. Nichols for their input for rebuttal on this issue. There was further discussion. Mr. Van Vactor asked Mr. Bob Fischer, property appraiser, to explain his appraisal which he did. Mrs. Wills was given a chance for rebuttal and asked Mr. Glover numerous questions about the uniform plumbing code and sewer lines and etc. Mr. Wills and Mr. Turnwall had some input. Chairman Young stated that the hearing was now closed and asked the other commission members what their wish was to do. Commissioner Paulson felt that time was needed to review the file and a date should be set for a decision. Mr. Van Vactor stated that if he received a letter of decision, that would be fine with him. It was the concensus of the Board to give decision on Tuesday, March 25, 1980. The next item on the agenda was the report on the formation of a Citizen Advisory Group on Effluent Sewage - Messrs. Corwin and Priday. Mr. Corwin gave a progress report on the this matter. Mr. Corwin stated that the suggestion of the formation of a citizens group has been taken to the Bend City Commission for the first reading and was included in the minutes of the hearing for the acceptance of the proposal to put in a 160 acre pond to hold the effluent. Mr. Corwin has been con- tacted by a group of farmers in the Powell Butte area that have been working a year and a half with the city who are trying to get water rights to raise alfalfa to trade some of their land for BLM land. These farmers are very interested in the effluent disposal. Mr. Corwin said that 6,000,000 gallons a day will be generated as figures by the city. Commissioner Shepard stated that he thought it was the general concensus of the board that this should be done as quickly as possible. Commissioner Shepard asked Mr. Corwin what it was in short what it was that he wanted the commission to do. Mr. Corwin would want the county to approve this for- mation and would like to see three county members to be appointed by the county. Commissioner Shepard stated that maybe the county should contact the city and see what their thinking is on this matter and is sure that there would not be any opposition and would think that the board should inform Mr. Corwin to proceed. Mr. Corwin stated that he would like the members to be appointed as follows: 3 by the county, 3 by the city and 1 by the six members. MOTION: COMMISSIONER PAULSON moved that upon the discussion and approval with the city that the Board appoint a committee to look into the sewage proposal concerns of the Bend Sewage Treatment and that committee be composed of three people appointed by the county commissioners, three people appointed by the city commissioners and one person appointed by that joint body of six for a total of seven on the committee and that the membership reflect people that have shown interest in the past and preferably including some people from the various groups who might be interested in using the water. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Commissioner Paulson stated that he would like to leave the meeting at this time so that he could go to a budget meeting as the county's budget officer. Chairman Young agreed that he could go. Next on the agenda was Jim Curties with the Department of Economic Development with a resolution for issuance of industrial revenue bonds for Durus Industries, Inc. Jim Curtis atated his proposal for the Board. Mr. Curtis stated that 2 these ments bonds they bonds were to help with the expansion of Durus Industries, Inc. and improve- that may come up. Commissioner Shepard asked if these bonds were like the that were approved for the Mt. Bachelor ski lodge. Mr. Curties replied that are. MOTION: COMMISSIONER SHEPARD moved to approve the resolution as read by Chairman Young issuing the bonds for Durus Industries, Inc. COMMISSIONER YOUNG: Second. VOTE COMMISSIONER SHEP_ARD: Aye. COMMISSIONER YOUNG: Aye The next item on the agenda was Dave Buck with a discussion regarding a vacation denial in Tumalo. Mr. Buck was explaining his problem to the commission. There was an alleyway in Tumalo that Mr. Buck wanted vacated and it was denied and he doesn't know why. Mr. Buck stated that he was not at the hearing because he had not been notified and would have shown up if he had been notified. It was decided that Mr. Buck should get together with Louis Dvorak and discuss this matter further and Mr. Dvorak will report back to the Board. Next on the agenda was the second reading of an amendment to Ordinance 203.3, Transient Room Tax. Chairman Young read the ordinance in full. MOTION: C014MISSIONER SHEPARD moved to approve the proposed amendment to Ordinance 203.3, Transient Room Tax. COMMISSIONER YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. Louis Dvorak stated that this will not go into effect unless the voters approve the tax on June 24, 1980. Chairman Young then read the ballot; Notice of Ballot Election Ballot Title. MOTION: COMMISSIONER SHEPARD moved to approve the ballot order. C014MISSIONER YOUNG: Second. VOTE COMMISSIONER YOUNG: Aye. COMMISSIONER SHEPARD: Aye. Charlie Plummer had some contracts for signature by the Board. One was for the American Lane Bridge. Chairman Young read the contract. MOTION: COMMISSIONER SHEPARD moved to approve the contract. COMMISSIONER YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. The next document for signature was a preliminary agreement for repair to the General Patch. area bridge. MOTION: COMMISSIONER YOUNG moved that the agreement be signed. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. Charlie Plummer discussed with the Board a point of information. Three years ago the Road department made an application to build Knott Road, Ferguson to Tekampe. At that time there was $215,000 in Federal Aid funds available for.that project, the county has not received the money so the Feds put the county on a number 1 deal, but inthree years the cost of paving has gone up substantially and they will only match $215,000, so the county will have to put up $215,000 plus $38,000 matching on the whole thing or ask the State to just let a contract on one phase of it and the county pick up some work by forest account which would make the county's share. Mr. Plummer stated that he has worked this out with Mr. Hagadorne and this is agreeable. Mr. Plummer stated that he had discussed this briefly with 3 Commissioner Shepard. Chairman Young asked Mr. Plummer what he wanted from the Board. Mr. Plummer stated that he would like to have permission to at least go ahead and have the State let the contract go for grading and clearing and get the job underway and have the bridge deck on and then allow the county road department to do the rest of the work rather than come up with the matching funds because there aren't any funds. Commissioner Shepard asked Mr. Plummer if he was asking the Board to make some kind of commitment for service. Mr. Plummer said yes. Mr. Plummer stated that if the Board would approve getting this project off the ground, the State will go ahead and run a bid through and get the contractor working on the project. Mr. Plummer stated that the bid could be matched ($215,000) but that was it. Commissioner Shepard said he was for and Mr. Plummer stated that if the county didn't grab it now, the money would go into some other fund. The commissioners asked Mr. Plummer to write up a memo authorizing him to get the ball rolling and get a contract out. Commissioner Shepard stated that he had another matter that he needed to discuss with Mr. Plummer regarding bancrofting. MOTION: COMMISSIONER SHEPARD moved that the Board authorize the Road Department to bancroft the following local improvement dis- tricts: Highland Estates, Chapparall, Rimrock West. COMMISSIONER YOUNG: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. Mr. Plummer stated that he needed authorization in writing to proceed with bonding of the bancrofts for the above-mentioned local improvement districts. Commissioner Shepard asked Jo-Marie Bonwell, secretary, to write a letter to Howard Rankin and to the State. Chairman Young said that next item that needed attention today was an order removing the mylar of the Bend Urban Area Map in the clerk's office with a paper copy. Chairman Young stated that he would rather have Bob and Clay do this but as Bob was not present, he he said he would sign it. Chairman Young read the order. MOTION: COMMISSIONER SHEPARD.moved to approve the order. COMMISSIONER YOUNG: Second. VOTE . COMMISSIONER SHEPARD: Aye. COMMISSIONER YOUNG: Aye. There being no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS ALBERT A. YOUNG, C rman CLAY HEPARD, Co i -loner C~ ROBERT PAULSON, JR., Comm' ner /jo 4