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2007-1050-Minutes for Meeting December 09,1980 Recorded 6/20/2007FICIAL NANCYDESCHUTESBLANKENSHIPCOUNTY CLERKS Cj 200701050 COMMISSIONERS' JOURNAL 06/20/2007 10:32;46 AM IIIIIIII 1111111111111111111111 2007-1Do not remove this page from original document. Deschutes County Clerk Certificate Page i~ 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 s r BOARD OF COUNTY COMMISSIONERS DECEMBER 9, 1980 - BOARD MEETING Chairman Young called the meeting to order at 10:00 A.M. Commissioner Paulson was not in attendance. The first item on the agenda was a discussion regarding a request for an extension of Subdivision PP#550, Ladera Subdivision, Chuck Everhart, applicant. Mr. Everhart was at the meeting to make his request. He stated that due to financial difficulties he has not been able to complete the subdivision this year, but feels it will be completed during the coming year. Mr. Everhart is requesting a 10 day extension for the portion of the subdivision he showed on the map and a 1 year extension for the entire preliminary plat. Craig Smith stated that this plat was approved under the old PL-2 County Subdivision Ordinance and received a 1 year extension which expires Monday, December 15, 1980. The ordinance provides for a 1 year extension, but there is no such provision which allows another extension after one has already been given. Rick Isham, County Counsel, stated that he did not believe the Board would have the authority to give a second extension for Mr. Everhart, as he had already been given the extension provided for in the Ordinance. Rick did state that if Mr. Everhart could talk to Neil Hudson, Public Works Director, he may be given the opportunity to sign an Improvement Agreement, which would verify that the roads would be completed within a year, which would automatically give Mr. Everhart a 1 year extension. In this case, though, Mr. Everhart would have to pay the taxes to the property involved or submit a bond for that amount and refile the preliminary plat. Chairman Young suggested that Mr. Everhart talk with Neil Hudson of the Road Department and if there were any questions to get with Rick Isham. The next item discussed was an Order in the matter of a way of necessity relating to the Davis vs. Massman case. This order would establish a way of necessity for Lester C. Davis through Massman property. This order is based on the findings by pro-tem Judge Thalhofer. Rick Isham stated that the Board was actually a party to the appeal but not in the actual case as it was brought to the courts. The Commissioners heard this appeal and determined that a way of necessity was not needed. As heard by Judge Thalhofer, he made findings to allow the way of necessity as described in the order. Mrs. Massman, present at the meeting, stated that she was not so concerned with the way of necessity as she was of the legal description which determines where the way of necessity would be established. MOTION: COMMISSIONER SHEPARD moved to approve the order. The motion was lost for lack of a second. There was no action taken on the order as there was a split between the two commissioners and Commissioner Paulson was not in attendance. Chairman Young stated that he did not feel the Davis' were entitled to this way of necessity and that he did not feel it was necessary to approve this order. The Massman's requested that the new County surveyor as of January, 1981, come to re-survey their land to find a possible alternative for the location of the way of necessity. Chairman Young stated that he would talk with Dave Hoerning and let him know of this project. He will request that Dave follow up on this and investigate the matter for new possible locations. The Massman's will be contacted when Dave Hoerning begins his term as Surveyor. Chairman Young stated that he did not know what the next step would be unless the Davis' decided to take the matter to the courts and enforce the order to be signed. He related to the Massman's that at this time the Davis' did not obtain the way of necessity and the next step would be up to the Davis'. 2 The next item on the agenda was a discussion with John Glover regarding authorization to send one Sanitarian to a Soils Course at OSU. This discussion was postponed until tomorrow so that Mike Maier could check the budget to establish'the'amount of money available for this cause. The course cost for one Sanitarian will be approximately-$800.00. John Glover will also be requested to attend tomorrow's meeting for his input on this discussion. At this time Jim Meston, Animal Control, brought to the attention of the Board that Rosemary Patterson has notified him that next year she will not have the staff to continue to sell dog licenses. She has requested that Jim take over this matter. Jim Meston related that if he takes over this with his office, one employee would be in Redmond selling these licenses and one taking care of the licenses in Bend. He stated that after all the employees were divided into districts to sell dog licenses, he would not have anyone left to handle the Animal Control calls. Jim's suggestion to the Board is that students from the Tamarack Learning Center be allowed to sell the dog licenses for the Animal Control Office. Chairman Young agreed with this suggestion and stated that it would be good experience for these youths. The county would not have to fund these positions. Jim Meston suggested that the students be at least 18 years of age and older and be bondable and they will be handling money. He also stated that he will check with Rosemary Patterson in the Clerk's office to check for available space in which to install a student to sell the licenses in the Clerk's office. Jim didn't feel it would be appropriate to sell them in his office, as people are~used to going to the Clerk's office to purchase the licenses. It was the concensus of the Board to investigate this possibility and make final arrangements. At this time Mr. Jim Drew, attorney for the Davis', came before the Board in reference to the action on the order for the way of necessity for Davis. This matter had been discussed previously in the meeting. Jim wished to know what action had been taken and the results of this action. Chairman Young explained to Mr, Drew that the order had not been taken action upon and that it had failed for a lack of a second. Although it was not approved, there was no motion which denied the order either. He also related to Mr, Drew that at the first of the new year, Mr. Dave Hoerning will be investigating the land as the new County surveyor and will determine if there is any alternative for the location of the way of necessity. Rick Isham stated that upon the Board's request he will have the surveyor review the legal description in the order to determine ownership of land. Mr. Drew stated that he would like some sense of direction before leaving the meeting as to what he should advise his clients to do now. Commissioner Shepard stated that this is the end of the line until the first of the year when the Surveyor shall investigate the land. He also related that Mrs. Massman had stated that she was not so concerned with the way of necessity as the legal description. Jim Drew then again suggested that the Board give him some direction. Chairman Young stated that he will be contacted when the new surveyor has investigated the land. Rick Isham stated that he had notified Mr. Drew of the discussion today and will notify him of the discussion after the first of the year, and that there was not anything to be done until then. Mr. Drew then questioned Chairman Young if the new description would make any difference in his decision, Chairman Young stated that he could not determine this until the surveying had been completed. Rick Isham will contact Mr. Drew after he gets with Dave Hoerning when he begins his term as Surveyor. Commissioner Shepard commented on a memo from Neil Hudson relating to overtime accumulation for Road Department employees due to the weather conditions recently. This request was to allow them to accumulate up to 100 hours overtime rather than 40 hours. This discussion was 3 -postponed until Neil could be present to discuss this matter with the Board. At this time, Commissioner Shepard commented on a petition filed by members of Unit Six Special Road District requesting that Mr. Wade Chapman be appointed as a commissioner on this special districts board. The term would be for another three years. MOTION: COMMISSIONER SHEPARD moved to appoint Mr. Wade Chapman as a Commissioner on the Board of Directors for the Unit Six Special Road District. CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: AYE. CHAIRMAN YOUNG: AYE._ Recording Secretary, Tammy Richardson, will prepare a letter re-appointing Mr. Chapman to this Board. Commissioner Shepard also related that he had a call from Kathy Walsh of the Library Board and will be meeting with the Library Board to discuss what direction is to be taken next. For signature was Order No. 80-240 in the matter of raising fees for single wide mobile homes and surface mining site plans. The $30 increase for mobile homes was approved per John Andersen's request prior to this meeting, but there was some question as to the $300. fee for surface mining site plan fees. This order was postponed until tomorrow when John Andersen could attend the meeting to explain this matter to the Board in more detail. For signature was Order #80-202 calling of Directors of the LaPine Special Sewer that the Clerk has approved the petition Board for signature. MOTION: COMMISSIONER SHEPARD moved CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: AYE. CHAIRMAN YOUNG: AYE. Also for signature was Order #80-239 in Pins for 5, 10 and 15 year employees. MOTION: COMMISSIONER SHEPARD moved CHAIRMAN YOUNG: Second. VOTE COMMISSIONER SHEPARD: AYE. CHAIRMAN YOUNG: AYE. for an election of the Board District. Rick Isham stated before issuing it to the to approve Order #80-202. the matter of Service Award to approve this order. Rick Isham related at this time a problem relating to conditional uses for boarding horses. He stated that he had talked with Bill Snowski and knew that Bill had contact Chairman Young earlier. Rick just wanted to comment that there were several ways to look at this problem. Chairman Young stated that he felt any use which was now in existence was alright. Being no further business, the meeting was adjourned. (Absent) ROBERT C. PAULSON, JR., COMMISSIONER