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2007-963-Minutes for Meeting June 03,1980 Recorded 6/20/2007NANCYUBLANKCOUNTY ENSHIP,F000NTY CLERKS Q2001.963 COMMISSIONERS' JOURNAL 11111111 , 06/20/2007 09:53:36 AM 2007-063 Do not remove this page from original document. Deschutes County Clerk Certificate Page r 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 JUNE 3, 1980 - DAILY MINUTES Chairman Young called the meeting to order at 10:04 a.m. with all three commissioners present. The first item on the agenda was an appeal hearing of MP 78-275, Tony Marterie, applicant, Bob Lovlien representing. Chairman Young read the notice of appeal for the benefit of the commissioners. Lou Dvorak then stated that the staff report should be given. Phil Paschke from the Planning Department was present and gave the main issues of this appeal which he feels is the fact that this partition should be a major partition if it is to be a partition at all as a road will have to be constructed for access and the size of the "buildable lot". Bob Lovlien was then given the floor to present his side. Mr. Lovlien stated that his position is that he feels that he has submitted adequate documentation to support the fact that there is an adequate access into the property. Mr. Lovlien stated that as there is adequate access through Rimrock West to this property, there is no need to build a road and make this a major partition. Mr. Lovlien has submitted a site plan and is included in the file, and sets out the required setbacks. Mr. Lovlien stated that he felt that the March 26, 1980 Planning Commission minutes clearly state support for Mr. Marterie's application. Commissioner Paulson asked what the Planning Commission's reason for denial had been. Mr. Paschke stated that the Planning Commission's thinking had been that the property should not be divided by the river. Mr. Bob Morrison was present who is a property owner right behind the property in question. Mr. Morrison stated that the roads in Rimrock West cannot be used for access to this property as it states in the bylaws that those roads are only for the property owners in Rimrock Wests' use. Mr. Doug Kadell, president of the Rimrock West Homeowners Association was also present and stated that the Association is objecting to this partition because after all the setbacks there wouldn't be enough room to build a house that would fit into the setting. Mr. Tom House, the attorney for the Association wanted to show the commissioners some pictures but as the hearing was on the record, he could not intro- duce new evidence. Mr. House stated that in the 3/26/80 Planning Commission minutes, Mr. Knoll of the Planning Department had stated that after set- backs there would only be 700-800 square feet of building space. Mr. House reiterated what Mr. Kadell said about not being able to build a house that would fit into the setting. Mr. Bif_f Nielson was also present, representing Mr. Bob Krumm and he stated that the lot was too small after setbacks, from the property line and from the high water level. Mr. Nielson also had some further facts regarding setbacks etc. With that last testimony, the hearing closed. Chairman Young stated that the commissioner had not yet had an opportunity to review the file and would need to. Chairman Young suggested going out to look at the site before a decision was made. Commissioner Paulson did not feel that a trip out to the site would be necessary as the commission had all the infor- mation before them. MOTION: COMMISSIONER PAULSON moved to continue this matter until June 12, 1980 for further action. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. The next item on the agenda was a discussion regarding a Petition for Promulgation of a Rule - Central Oregon People's Utility District. Lou Dvorak stated that this district has. been active since 1942 except for holding meetings infrequently and they have never held elections since 1942. Lou stated that the incumbents that were elected in 1942 appointed their successors from time to time over the years and those successors appointed others. Lou stated that there were a lot of questions as to whether the current board is properly constituted. Lou said that the assistant secretary of state suggested that the county asked for a promul- gation of a rule saying that when the election for this district is held that the terms be staggered and lots be cast to determine terms between the officials. Lou wrote a request and is now asking the commission to sign it and send it in. Chairman Young read the request for the record. MOTION: COMMISSIONER SHEPARD moved to sign the petition and send it to the Secretary of State as read. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. The new officials would take..office the first Monday in January, 1980. The next item on the agenda was a discussion regarding Petition for Re- zoning in Ventura Subdivision with Dorothy Oaks. Commissioner Shepard stated that he was responsible for getting this on the agenda but had failed to inform Dorothy Oak of the date and had misplaced the petition that Mrs. Oak had submitted. The matter will be postponed until a later date. Lou Dvorak had anothb.r matter to discuss with the Board regarding a memo that he received from Bonnie McGilvray. Chairman Young read the memo for the record. The tenant in a county house has stated that at the time the county agreed to let him rent the house, there was not a $100 security deposit which the county is now saying that there should be. Further, the tenant has gone and bought paint (at his expense) and painted the inside of the house. Chairman Young and Commissioner Shepard feels that since the house had been painted and cleaned up, it would do for a deposit. Commissioner Shepard felt that since the county just wanted to rent it for a short period of time to keep it from being vandalized, they shouldn't raise too big of a stink. Commissioner Paulson contended that the road department should not have had a hand in this--talking straight to the tenant. The tenant should have talked to the Board or to County Counsel. MOTION: COMMISSIONER SHEPARD moved to sign the lease and waive the security deposit fee. COMMISSIONER YOUNG: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. COMMISSIONER SHEPARD: Aye. The next matter brought up was a matter by Bob Paulson concerning a phone call that he had received from members of the media that they were receiving phone calls from certain county staff complaining about the 40 hour work week. Commissioner Paulson wanted to remind the other two commissioners where the 40 hour work week came from and how it will be computed (salary wise). Commissioner Paulson stated that the staff has been saying that they did not know about the new hours and did not like them. Commissioner Paulson brought forth two memos that had been sent to the commissioners and one to the department heads explaining the new hours. =-2 Commissioner Paulson just wanted the other commissioners to be aware of what was going on. John Andersen had a matter that he wanted to discuss with the Commission regarding Kay Nelson. Kay had approached him and wanted the commission to pay for a course and expenses in Seattle to attend a course about "The Role of a Planning Commissioner". This course would help to explain how a meeting should be run etc. Commissioner Paulson suggested paying for the trip out of the rest of Planning's travel fund. Mr. Andersen stated that he did not know if there was enough money in that. Commissioner Paulson stated that if there wasn't, he should come back to the Board and request some more. MOTION: COMMISSIONER PAULSON moved to approve the $65 registration fee for the planning conference for Kay Nelson as long as it comes out of the 79-80 fiscal year budget. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Commissioner Shepard had a matter to bring up regarding a memo he had received from Charlie Plummer. The memo was requesting that the road crew be able to set up a 4day work week with 10 hour days. There was a petition that had been signed by members of the road crew. Myer Avedovech made some comment on this matter to the effect that from his experience he has found that 10 hour days and 4 day weeks don't work well. It lessens the amount of work done by the department. Also, Mr. Avedovech feels that with a new public works director being considered, it might be best to wait until that man is apppointed so that he will have some say as to how long his people will work. Commissioner Paulson stated that he didn't know about the efficiency part, but maybe it would be appropriate to wait until the public works director was hired. Mike Maier was appointed to check with the Road Department and get more details. A plat had been signed in the office last week subject to a motion being made in today's meeting. MOTION: COMMISSIONER PAULSON Creek, City(,of Bend. COMMISSIONER SHEPARD: VOTE COMMISSIONER PAULSON: COMMISSIONER SHEPARD: CHAIRMAN YOUNG: Aye. moved to approve Final Plat - Juniper Aye. Aye. Aye. The next item on the agenda were some requests for refund: Planning, receipt no. 19492, $80 Robin Garson--approved. Sanitation, receipt no. 18215 $70 G. Comerick--approved. Building, receipt no. 19343, $7.28, Ron Edwards--approved. The next item on the agenda was a final plat, Sunstone, Phase I City of Bend for signature. MOTION: COMMISSIONED. SHEPARD moved to stone, Phase I, City of Bend. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. approve Final Plat, Sun- 3 , The meeting then went into executive session. As there was no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS /jo 4