2007-974-Minutes for Meeting June 18,1980 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS Yd 2007471
COMMISSIONERS' JOURNAL 0612012007 09;53;36 AM
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2007-974
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BOARD OF COUNTY COMMISSIONERS
JUNE 18, 1980 - COURTDAY MINUTES
Chairman Young called the meeting 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 Rural
Fire Protection District No. 2 (1880 Ranch). Chairman Young read the order
for the record. There being no discussion, Chairman Young called for a motion.
MOTION: COMMISSIONER SHEPARD moved to adopt the order as read.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
The next item on the agenda was the second reading in the matter of a Solid
Waste Ordinance No. CG-4. Chairman Young read this ordinance in full as it
was very short. There being no discussion on the ordinance, Chairman Young
called for a motion.
MOTION: COMMISSIONER PAULSON moved to adopt the amendment to the
Ordinance, CG-4.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD : Aye.
CHAIRMAN YOUNG: Aye.
The next item on the agenda was the second reading in the matter of control and
disposition of dogs in Deschutes County Ordinance No. 203.1 and 203.1A. Chair-
man Young asked the other commissioners what their desire was in reading this
ordinance. Chairman Young also stated that because of the numerous changes in
the ordinance this would be the first reading. Commissioner Paulson asked that
since this ordinance was only enforcing the ORS if it would be necessary to go
through the entire process--Ms. Thompson stated that it would be desirable.
MOTION: COMMISSIONER PAULSON moved to have the first reading
in the matter of control and disposition of dogs in
Deschutes County Ordinance 203.1 and 203.1A by title
only.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young read the amendments by title only. The second reading will be
on July 2, 1980.
Commissioner Paulson had some questions regarding the fees set cut in this
ordinance for impoundement of an animal. Commissioner Paulson felt that the
impoundment fee should be raised and maybe that would induce people to keep their
animals at home. Chairman Young disagreed saying that the higher the fee to
get an animal back, the less people will redeem the animal. Commissioner
Paulson seemed to see the fee as more of a penalty while Jill Thompson stated
that it was more of a cost factor plus a preventative measure. Ms. Thompson
stated that she will discuss this with Animal Control and have one of the
officers present at the next meeting on July 2, 1980.
The next item on the agenda was a discussion regarding a building permit for
a storage building for Wayne Hamby. Representing Mr. Hamby was Paul Speck.
Mr. Andersen addressed the commission giving his side of the case where he stated
that he would not sign off a building permit for a building that was in violation
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Next on the agenda was an order in the matter of vacating Nickernut Avenue.
Ther was brie discussion on this matter and a motion made.
MOTION: COMMISSIONER SHEPARD moved to approve the vacation of
Nickernut Avenue.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
Next on the agenda was an order establishing McAllister Road in Black Butte
Ranch. Commissioner Shepard stated that there is some problem with this right
now as Black Butte said that it would take care of the road in the winter (snow-
plowing etc) but as it was a county road, Commissioner Shepard wondered where
the liability lays and who should insurance etc. He would like the Black Butte
Ranch people to talk with Charlie Plummer and straighten this out. Action on
this order was postponed until the insurance matter is straightened out.
The next item on the agenda was an order of abandonment of improvement. Jim
Jaqua the Developer:,of Sundance East Phases I, II & III told the commission
of the effort that members of the community have put forth to get the road
paved in this subdivision. He is requesting that the commission not approve
the abandonment so that the subdivision can go elsewhere and procure funds for
the work to be done. Commissioner Paulson stated that as he lived in Sundance
East he would disqualify himself for the decision.
MOTION: COMMISSIONER SHEPARD moved to deny the order of aban-
donment of improvement for Sundance East Phases I, II
& III.
COMMISSIONER YOUNG: Second.
VOTE COMMISSIONER SHEPARD: Aye.
CHAIRMAN YOUNG: Aye.
A policy motion was then made by Commissioner Paulson:
MOTION: COMMISSIONER PAULSON moved that the Board direct the
Road Department to confine their investigations that
deal with the establishment of LID`s to merely
explaining to the applicant how to go about obtaining
private funding or a private means of an engineering
study done etc.
COMMISSIONER SHEPARD: Second.
Added to the motion was:
MOTION: The Road Department shall assist in the reviewing,
planning and shall see to it that the proposed roads
meet with county standards.
SECONDER agreed to this addition.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: Aye.
Chairman Young stated that he had found two orders for vacation of H Avenue
and 11th Street. He read both orders for the record. Gary Judd showed the
commission where the streets are and stated no recommendation to the board.
There was some question as to why H Avenue should be vacated and no one could
come up with a good answer and the same with 11th Street. Commissioner
Paulson had made a motion to vacate 11th Street but not H Avenue and withdrew
his motion when that point was made clear to him. The seconder withdrew his
second.
MOTION: COMMISSIONER PAULSON moved that both vacations be denied.
COMMISSIONER
VOTE COMMISSIONER
C014MISSIONER
SHEPARD:
Second.
PAULSON:
Aye.
SHEPARD:
Aye.
CHAIRMAN YOUNG: Aye.
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of the zoning ordinance. In the particular zone that Mr. Hamby is in, the type
of structure that he has built is not allowed in his zone. Mr. Hamby had originally
received a building permit from the building department, (signed and ok'd by the
building department and former planning director) allowing Mr. Hamby to put a
roof on his "building". Mr. Hamby has since then put in insulation and has added
siding to the "building". The question is now that planning would like Mr. Hamby
to remove the siding as it is in violation of the building permit and probably
the insulation too. Mr. Speck gave the Board dates of preliminary approval,
letters telling Mr. Hamby he was in violation and dates to rectify this violation.
Mr. Hamby is appealing to the Board of County Commissioners. There was much
discussion regarding this matter and a decision was put off.
MOTION: COMMISSIONER PAULSON moved to continue this matter and
a decision until Tuesday, June 24, 1980.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
CHAIRMAN YOUNG: No.
Next on the agenda was a discussion with Gary Judd of the Road Department re-
garding Apache Hills Subdivision and Cline Falls Subdivision. Gary stated that
the commission had given Apache Hills Subdivision approval to build up thei
subdivision and they would not have to pave the road but now as these two sub-
divisions are so close and Cline Falls has 43 lots and Apache Hills has 15
lots, it seems that there will be enough traffic to dictate a paved road. There
is some disagreement between Mr. Bender of Apache Hills and the residents of
Cline Falls as to how the assessment of a new road will be carried out. The
residents seem to want to negotiate with Mr. Bender but they do not feel that
Mr. Bender is willing. Mr. Bender contradicted this saying that he was. Chairman
Young stated that there was several ways that could be taken. The two groups
could get together and negotiate some more; he asked that Gary Judd work out some
of the specifics as to cost etc. of paving such a road; he asked Mr. Bender to
get in touch with the Highway department and see if he could gain access off of
Highway 126. The following persons had something to say in opposition to Apache
Hills--Mike Bacon, Bruce Mills, Dave Scott, Rick Davis. Chairman Young said
that this matter would come back on the agenda in 30 days for some kind of
decision.
The next item on the agenda was the Rainbow House lease with Jane Kirkpatrick.
Jane introduced the director of Rainbow House to the commission and told them
that the lease she wants them to sign is an annual lease to keep Rainbow House.
She said that the rent sum has gone up and it is budgeted in the current
budget.
MOTION: COMMISSIONER SHEPARD moved to sign the lease with the
Rainbow House with the rent being paid from House Bill
2132.
COMMISSIONER PAULSON: Second.
VOTE COMMISSIONER SHEPARD: Aye.
COMMISSIONER PAULSON: Aye.
COMMISSIONER YOUNG: Aye.
The next item on the agenda was an order in the matter of Zone Change Application
Z-79-16. Craig Smith went through the order with the Board and explained it
to them.
MOTION: COMMISSIONER PAULSON moved that the Board approve the order
in the matter of Z 79-16.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: Aye.
COMMISSIONER SHEPARD: Aye.
COMMISSIONER YOUNG: Aye.
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There was no discussion on the road department or general fund bills.
Jill Thompson had a matter regarding the Green case. She said that the Greens
were willing to settle (the depositions were called off) and that she would be
getting back to the board with all the details when she knew more.
There being no further business, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
ALBERT A. YOUNG, irman
44 Z4,
CLAY C. S P RD, ommissi er
ROBERT C. PAULSON, JR., Comm' o r
/jo
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