2007-956-Minutes for Meeting May 14,1980 Recorded 6/20/2007NANCYUBLANKCOUNTY OFFICIAL ENSHIP, COUNTY CLERKOS U 2007.956
COMMISSIONERS' JOURNAL
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BOARD OF COUNTY COM14ISSIONERS
MAY 14, 1980 - DAILY MINUTES
Chairman Young called the meeting to order at 10:02 a.m. with all
three Commissioners present.
The first item on the agenda was a review decision of Z 80-4,
Bob Jacobsen, Applicant - Craig Smith, Planning Department. Chair-
man Young read the amendment and Exhibit "A" in its entirety and
then by title, noting Exhibit "A" was attached.
MOTION: COMMISSIONER PAULSON moved to approve Z 80-4,
Bob Jacobsen, Applicant, amendment to county
zoning map PL-15.
COMMISSIONER SHEPARD: Second.
Commissioner Shepard expressed some concern over the use of the
emergency clause in the amendment. Commissioner Shepard stated that
the usage of the emergency clause was to protect the health, safety
and welfare of the general public and it seemed to him that every
time an ordinance or an amendment came up for adoption, it contained
the emergency clause. He felt that this was an abuse of the clause
and its intention. Lou stated that the Board could set a certain
amount of days that the amendment would take place if they so desired.
There was discussion regarding this. Greg Comstock was present for
this item. There was one change to be made in the amendment. Under
the Conclusions, Number 1, where it referred to the use of the "Flan";
Commissioner Paulson felt that "site"would be a better word and it
would be changed.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
The amendment and the map were signed.
Next on the agenda was a discussion regarding the waiver of site plan
review fees for the Interim Effluent Containment Pond for the City of
Bend. Chairman Young read a letter from Jim Carnahan of BECON re-
questing the above waiver for the above Containment Pond as it would
serve the entire county of Deschutes and not only the city of Bend.
After Chairman Young had read the letter, he commented that there are
several misstatements in the letter such as the potential pollution
of groundwork. Chairman Young stated that his position on this issue
was that since he has been to the city several times for a waiver of
fees and has always been turned down,_such as when the.building_permit
for the justice building had been applied for, a waiver was asked for
and was denied, he decided that he would abstain as he felt that it was
unfounded. Chairman Young asked John Andersen what the fee would be
in this case. John replied that it was $120 plus $15 per acre which
would bring the cost of this application to $7,000+ because of the
acreage. Chairman Young stated that he would like to cooperate with
the city of Bend, but the city had to cooperate with the county too, and
if the county would waive fees for the city then the city should
waive fees for the county. Chairman Young asked if the fee had been
included in the original contract. Mr. Jim Carnahan was present and
stated that this fee had not been figured into the contract because it
was additional. There was further discussion as to how this matter
could be acted upon.
MOTION: COMMISSIONER PAULSON moved to waive the fee for the
Interim Effluent Containment Pond contingent on an
agreement being drawn up for mutual fee waivers be-
tween the two entities including the fee on the re-
modeling of the old courthouse. This current application
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..;shall be allowed to proceed while this agreement
is being drawn up by county counsel.
COMMISSIONER SHEPARD: Second.
Commissioner. Paulson suggested that a time limit be in the motion
also--that this agreement has to be signed by all parties for this
current application to go through with the fees being waived. He
suggested 45 days and then lengthened the time to 60 days if it
was all right with the seconder. It was.
Mr. Andersen stated that it should be made clear that the board is
distinguishing between fees and assessments etc. The commission
agreed.
C014MISSIONER PAULSON included in his motion that this agree-
ment would only be for building fees and the like, not
assessments and easements etc.
The seconder agreed.
VOTE COMMISSIONER PAULSON: Aye_.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Abstain.
County Counsel will draw this agreement up with two signature blocks:
one for the city and one for the county.
The next item on the agenda was the second reading of the dog control
ordinance 203.1 and 203.1A. Chairman Young stated that he understood
that this matter would be continued. Commissioner Paulson stated
this ordinance had been continued from the last meeting to this one
per a request of Jill Thompson who has since requested that it be
continued further as;there are further changes that needed to be made.
MOTION: COMMISSIONER PAULSON moved to continue the 2nd
reading of the Dog Control Ordinance 203.1 and 203.1A
until the next courtday, May 21, 1980.
COMr1.ISSIONER SHEPARD: Second.
Commissioner Shepard asked again why it is being continued. Commissioner
Paulson stated that it was continued the first time per his request
and Jill Thompson's and now it is being continued cause Commissioner
Paulson has made several changes to the ordinance because in some parts
it was not workable and in others it was not clear.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Commissioner Shepard had a matter regarding 6igarette butts all over
county property in the parking lot. Commissioner Shepard asked if
there was something that could be done about this. Commissioner
Paulson said to ask Charlie the maintenance man to put up some sand
cylinders for this purpose. Commissioner Shepard asked how long this
would take--for example, the planters at the front entrance were
supposed to be knocked down six weeks ago. Chairman Young stated that
that was his fault not Walt's. He will take care of that matter
and this one by getting in touch with Walt.
Commissioner Shepard had anothb.r matter regarding a call he had
received from Bob Shemik from Century West with regard to the
agreement between the county and Century West. Mr. Shemik wanted
to know what the county was going to do to keep up with their
part of the agreement. Commissioner Shepard stated that he had
check with Jill Reed regarding time on the agenda and had found out
that Tuesday, May 20, 1980 there wasn't a thing on the agenda
and it was put on that agenda with John Glover and Bob Main and
John Andersen. The commission concurred.
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Commissioner Shepard had another matter to discuss with the other
comissioners. Vic Russell had called him regarding some mining
operations going; on in LaPine that is on BLM land and is being
operated by BLM. Vic wants this area as a target practice area.
BLM says that's fine but they cannot rent to a citizen, they must
rent to a governmental institution. They want the county to take
responsibility for such an operation. Commissioner Shepard feels
that some community group needs to be involved in this matter and
to take the responsibility and to operate it.
Lou asked what the status was on the land that the county was trying
to buy from the BLM. Chairman Young said that because of the.amount
of money involved, it was back in Washington D.C.
Next on the agenda was an order in the matter of Solid Waste:
Sutton's LaPine Disposal Garbage Collection Franchise. Chairman
Young read the order for the record. This order ordered Mr.
Sutton to pay his fees before the franchise could be transferred
to Mr. Spieger.
140TION: COMMISSIONER PAULSON moved to approve the order.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER PAULSON: Aye.
CON24ISSIONER YOUNG: Aye.
COMMISSIONER SHEPARD: Aye.
Commissioner Paulson stated that John Andersen should be in on
the next discussion and so he went to go get him.
The next matter was a memorandum to the Planning Commission from
the Board of Commissioners regarding easements: public access to
Deschutes Canyon Rim.
MOTION: COMMISSIONER PAULSON moved to approve the memo
as submitted which he feels is a true represen-
tation of the Board's feelings.
CHAIRMAN YOUNG: Second.
Commissioner Shepard felt that this memo was premature in that if
the tax base fails, and the Planning Department was cut back, then
the director would not have the staff to allow work to be done on
such a project. Comr,..~..s.sioner. Shepard felt it ridiculous to put such
a pro.j.ect before the commission when they could not hope to finish it.
VOTE CO MMTSS IONER PAULSON : Aye.
COMMISSIONER SHEPARD: No, based on its prematurity.
CHAIRMAN YOUNG: Aye.
Commissioner Paulson then went over a memo dated May 6, 1980 in
which the Board responded to some of the suggestions made by the
Planning Commission with relation to more duties. There were
three things that the Board had agreed to give the commission to
do. Commissioner Paulson wanted to be sure that the commission
understood that these new items would not be coming to them until
the whole draft was _finalized including a section about the hearings
officer's duties. John said that;.he would make that clear to the
Planning Commission.
Commissioner Shepard asked if anyone would be appointed to the
Planning Commission when some terms on the commission would
expire. John stated that he still wanted to pursue the possibility
of only having a 7 member board. John said that this would be
discussed at the meeting of the Planning Commission tonight.
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Next on the Tenda was an order and deed in the matter of donation
of lands to the city of Bend for the relocation of Colorado
Avenue. Chairman Young read the order for the record. Lou Dvorak
stated that he needed to make some changes in the deed so he did
not want the commission to sign it.
MOTION: COMMISSIONER SHEPARD moved to adopt the order.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
There being no further business, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
AL T Y-0U1,M, 0!" airma
CLAY C. S PARR, o issioner
ROBERT C. PAULS N, JR., Comm' e
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