2007-935-Minutes for Meeting April 03,1980 Recorded 6/20/2007NANCYDESCHUTESBLANKENSHIPCOUNTY CLERKS vu 2007•935
COMMISSIONERS' JOURNAL 0611411001 09;44;38 AM
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BOARD OF COUNTY COMMISSIONERS
APRIL 3, 1980 - DAILY MINUTES
Chairman Young called the meeting to order at 10:05 a.m. with all three
commissioners present.
The first item on the agenda was a Zone Change Application/Plan Amendment,
Claude Powell, applicant. Chairman Young stated that the zone change could
be done in one meeting if the first reading is in full. Chairman Young read
the amendment in full for the first reading - PA 79-4. After the first
reading, Chairman Young asked what the wish of the Board was.
MOTION: COMMISSIONER PAULSON moved to have the second reading by
title only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Mick Tye and Claude Powell were both present for this matter. Chairman Young
then read the amendment by title only for the second reading and noted that
Exhibit "A" was attached. There was some discussion regarding the spliting of
the lots and how the houses would be situated. Commissioner Paulson had some
concern regarding the paving of the road as the agreement only allows for part
of the road to be paved. Commissioner Paulson would like all of the road
paved and would like to see something in writing that that would happen.
Max Merrill, who was also present, stated that these roads would be brought up
to county standards throughout the subdivision, and he does not see any problem
with writing that as a condition in the order. Commissioner Paulson said ok.
Commissioner Paulson asked Mr. Powell to outline on the map that accompanied
the amendment the boundaries of his subdivision. The map was then noted as
Exhibit "B".
MOTION: COMMISSIONER PAULSON moved to approve the plan amendment
that was read Chairman Young with the noted Exhibit "A".
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young then read the zone change in full for the first reading. This
would change zoning map PL-5 and is heard in conjunction with PL79-4. After
the first reading, Chairman Young asked what the desire of the Board was for the
second reading.
MOTION: COMMISSIONER PAULSON moved to have the second reading of
the zone change application, Z 79-16 be by title only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young then read the amendment to county zoning map PL-5 for the
second reading by title only. Commissioner Paulson stated that on Exhibit
"B" it should be noted that the applicant is required to bring all roads in
the red line boundaries up to county standards and the applicant so stipulates
that this is fine with him.
MOTION: COMMISSIONER PAULSON moved to approve the zone change
application with all conditions previously noted.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER,SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
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Mr. Tye asked if another meeting could be stet up regarding the Prophet's Den
subdivkslon before the board. Chairman Young stated that he. should talk to
the commissioners secretary and set up a time with her. Mr. Merrill stated that
this was just a matter of reviving a plat that was in the process of being
signed. Lou Dvorak suggested to Mr. Merrill that maybe he would like to get
a plan amendment before getting the plat revived. Craig Smith. said that he would
let the board know when this matter should be placed on the agenda.
The.next item on the agenda was a discussion regarding Johnson Roofing Co. vs.
th_e County but as: this matter has already been straightened out so it was not
discussed.
The commissioners: then took Helen Durant next as she had been waiting quite a
while. Helen stated that she had a LPN that is retiring from full-time work in
March and would like to re-hire.her in a two-day a week position. Helen stated
that if the position was not filled, the county would lose revenue because they
would not receive funds from those who received services. Helen said that this
is allowed under social security and would work out well for all concerned.
Commissioner Paulson stated that he did not see any problem with this, since
the majority of the money is not general fund money.
MOTION: COMMISSIONER SHEPARD moved that Helen Durant, Home Health,
Be allowed to re-hire.th.e LPN on a part-time basis.
COMMISSIONER YOUNG: Second.
VOTE COMMI'SSION'ER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye..
CHAIRMAN YOUNG: Aye.
Lou Dvorak asked if he could bring up a matter since the Board did not take
the Johnson Roofing item. Chairman Young stated that he could go ahead. Lou
said his matter had to do with the Home Rule Charter committee. Lou stated
that he had gotten a call from Tom Throop who said that they are ready to appoint
their people to the committee. Lou stated that the order that the commissioners
had before them would ask the county clerk to stamp FILED on the copy of the
resolution which incorporates the original resolution by reference. Lou said
this was to be done so that the county would have a definite filing date of this
committee. Lou said there was another order reappointing the original four
people who the commissioners appointed so that the appointment will occur after
the filing date. This is so that all appointees will have a common starting
date. Commissioner Paulson masked about the ninth member. Lou stated that he/she
would have the same term as the other members. Commissioner Paulson stated that
this person has not yet been appointed. Lou said that that was the way the
law was written; the county must have 8 people appointed for them to appoint the
ninth. Lou stated that this was a very metaphysical concept in that the ninth
member's term starts even before he is appointed. Commissioner Shepard asked
Lou who had been appointed. Lou stated that he had been told in confidence but he
had already forgotten.(!) Chairman Young read the resolution before him.
MOTION: COMMISSIONER PAULSON moved to adopt the resolution.
CHAIRMAN YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
Chairman Young then read the order in the matter of a home rule charter for
Deschutes County. Commissioner Shepard stated that there is one member on this
committee who has made a public statement as to which way he will vote on the
matter of home rule. This causes Commissioner Shepard some concern as the charge
of the committee is to ascertain whether or not Deschutes County needs a charter
and if so to produce one. Commissioner Shepard feels that this is counter
to the whole idea of forming such a committee.
Chairman Young and Commissioner Paulson disagreed saying that they could not
restrict him from making any public statements that he chooses to make.
Lou Dvorak went over to his office to get a copy of the resolution that sets
out the charge to.the_committee.
MOTION: COMMISSIONER PAULSON moved to approve the order.
CHAIRMAN YOUNG: Second.
The matter was tabled at this point until Lou returned.
The next matter taken was a discussion of appointment of Special Road District
#4 Commissioners/Directors. Chairman Young stated that last Tuesday night
he attended a meeting of the Board of Directors for the above road district and
discovered that the names of the people that have been suggested for appointment
was not turned in so that the appointments could be made. Chairman Young stated
that a voted was taken of everyone (not just the board) that the Board of
Commissioners that was selected as of December 22, 1979 be appointed by the
Deschutes County Board of Commissioners.
MOTION: CHAIRMAN YOUNG moved that the following people be appointed
to the Board of -.Directors- for Special Road District #4:
Jerry Johnson Cecil Colley
John Macy Jack Simmons
John Plamondon.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young stated that he would include in his motion that these five people
be notified by mail of their appointment. Each term expires December 31, 1982.
The next matter taken was a declaration of dedication from Myron and Constant
Babcock. Chairman Young stated that the Babcocks had dedicated a road to the
county and read the legal description.
MOTION: COMMISSIONER PAULSON moved to approve the dedication.
CHAIRMAN YOUNG: Second.
Commissioner Paulson asked if this was to be approved by the road department or
anyone in planning. Commissioner Paulson feels that the Road Department or the
Planning Department should know about this and should have something to say about
it. Commissioner Paulson or Chairman Young will check with the Road Department/
Planning Department regarding this dedication.
Lou had returned from his office with the resolution setting out the charge
for the Home Rule Committee. Commissioner Paulson stated that he would like
to quote from ORS 203.730 which is the first paragraph on the original reso-
lution. Commissioner Shepard stated that the committee was supposed to
determine whether the advantages outweigh. the disadvantages; they are not supposed
to have preconceived ideas of what he will do. Chairman Young stated that
it doesn't make any difference. Commissioner Paulson stated that he was just
giving his opinion of one side and did not believe that one person could sway
the whole committee. Commissioner Paulson stated that the other members could
have preconceived ideas about home rule also. Commissioner Shepard stated that
they were not announcing publicly where they stood and this person in question
did. Chairman Young stated that the motion was on the floor.
VOTE. COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: No.
CHAIRMAN YOUNG: Aye.
Commissioner Shepard stated that he was so much opposed to this that he wanted
to vote no twice. Chairman Young stated that it would be noted that Clay voted
no'twice.
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Next on the agenda was a discussion regarding the traffic situation on Harriman
Street. Oscar Bratton was present as he wanted to hear the report from the city
of Bend. Chairman Young read the memo from the chief of police in Bend.
This memo stated why the road was restricted and why it was a potential place
for accidents and what could be done to improve it. The memo stated that the
view was obstructed by two rock planters by the annex; and on the courthouse'
west side the view is obstructed by parked vehicles. The memo recommended that
the site distance could be improved by removing both of the planters; and
extending the no parking zone on Harrison to 40' on both sides of the driveway
instead of 15'; also, it was recommended that one parking space be eliminated on
the corner at the bottom of the hill on the west side of the street.
Chairman Young stated that he agreed with extended the no parking zone. Chairman
Young stated that he will take to Walt Genes regarding the planters.
MOTION: COMMISSIONER PAULSON moved to instruct the chairman to
get back with the city about parking the county will re-
duce the size of the planters.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
Commissioner Paulson suggested putting up a pedestrian crossing sign.
The next item taken was a termination of a lease between the county and the
Sachtjens. Chairman Young read the termination letter that was to be sent
to the Sachtjens.
MOTION: CHAIRMAN YOUNG moved that the letter be sent to the Sachtjens
advising them of the termination of the lease due to non-payment.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Next on the agenda were some requests for refunds. Chairman Young read each
refund. Receipt number 18015 for $37.44, LaMoine Tulton--approved. Receipt
number 12210 for $54.08, Carrie Robles.--approved. Receipt number 18438 for
$7.50, --approved. Receipt number 16367 Oregon High Desert Museum $170.50--
approved.
There being no further business, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
ALBERT A. YOUNG, Clrman
CLAY C. SHEP , Commissio er
R BEfi C. AULSON, JR., Commis
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