2007-1070-Minutes for Meeting January 22,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS 2~07~1~7~
NANCY BLANKENSHIP, COUNTY CLERK Q V
COMMISSIONERS' JOURNAL 06/20/2007 10:42:57 AM
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Deschutes County Clerk
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
JANUARY 22, 1981 - REGULAR MEETING
Chairman Paulson called the meeting to order at 10:04 A.M. Both
Commissioners Shepard and Young were in attendance.
The first item
on the agenda, a discussion regarding Lower Bridge Estates
Road Alignment,
was continued until tomorrow, January 23, 1981, at
11:00 a.m.
Radio Control
At this time Mr. Wally Corwin led a discussion regarding
Club Project
the Recreation Committee and the use of County land for
the radio control club project. Corwin stated that the
committee wants to set up the ra i~ o control airplane
park on some land by Knott Pit Landfill. He stated that
there is no place in the area on which to fly these
model planes. Corwin related that the subcommittee
and the Radio Conte Club will prepare the land for
this type of activity at no cost, whereas the cost to
hire someone to do this would amount to approximately
$2500. This park would be open to the general public
for anyone to fly their model planes without belonging
to a club. Corwin also stated that the land is quite
clear with a coe of trees on the lot, but is a good
piece of land to set up this project on. Paulson
suggested that some members of the committee get together
with the Planning Department to discuss zoning for that
land and procedures for a site plan for approval as if
it were private property. Paulson related that the
site plan fee would of courssewe waived, as the county
is initiating it. He also stated that it may be reasonable
to set up some type of hearing on it, as there will be
some noise involved in this project. Corwin then stated
that there will be some regulations set up which shall be
standard for everyone using the park. Young stated that
it was a good idea, but also emphasized the need to
get with the Planning Department prior to beginning the
project. Shepard stated that it sounds good as long as
the proper steps are taken before proceeding. Paulson
confirmed that he felt the steps to take were 1 some
type of hearing should be held; 2) site plan procedure
through the Planning Department; 3) some type of signing
and a name for the park; 4) there will be no lease to the
radio control club as long as normal activities are taking
place on the land. If special events take place, permission
should be obtained from the County prior to that special
event. Wally Corwin will proceed with this project
in conformance with the steps necessary prior to the
establishment of the park.
Forest Patrol The next item on the agenda was a discussion with the
Program Sheriff regarding the Forest Patrol Program. Jim France,
Sheriff, stated that Deschutes County has been proving
forest patrol to the Forest Service for the last few
years. A contract for this service to the Forest Service
has been modified to provide a grant for $24,000. for
this patrol. France has suggested placing a man in the
Page 1 of 4
Deschutes Co. BOC
3anuary 22, 1981
Pringle Falls area who will live there all through the
winter. He will also be provided with a snow mobile
to take care of the south end of the County through
the winter months. France feels it will be beneficial
to the County to have someone down in this area of the
County. This man will also receive training for first
aid and survival techniques. France suggested that
he get Board approval before approving the.modification
to the contract with the Forest Service.
MOTION: YOUNG moved to approve the contract between
Deschutes County Sheriff's Office and the
Forest Service.
SHEPARD: Second.
VOTE YOUNG: AYE.
SHEPARD: AYE.
PAULSON: AYE.
Darrell Davidson then related that there is another
contract with BLM for $2500. for patrol of BLM Land
for four hours two days a week. This patrol would
be to watch for wood cutters who may get onto BLM land.
MOTION: YOUNG moved to approve the contract with BLM.
SHEPARD: Second.
VOTE YOUNG AYE.
SHEPARD: AYE.
PAULSON: AYE.
Discussion re: The next item on the agenda was a discussion with George
CU-80-97, Dean Forest regarding CU-80-97, conditional use for Frank
Dean, applicant. Mr. Forest stated that he had some
questions he would like to present to the Board.
Forest questioned why after two appeals in favor of
the action taken by the County, which was to deny
Mr. Dean's application, Mr. Dean and his family are
residing in the mobile home on that lot. Other
questions asked by Forest were: Why has the County
taken no action to enforce their decision on the Dean
case? Why has no correspondence been issued to Mr. Dean
requesting him to vacate the premises? Mr. Forest
stated that he and.other property owners in the subdivision
have spent a great deal of time and money to resolve
this matter, and would appreciate some answers to those
questions asked of the Board. Rick Isham, Legal Counsel,
stated that the Board did take actions that action
was the denial of the conditional use for Mr. Dean.
He also stated that the County did not direct Mr. Dean
to take the mobile off the property, Mr. Dean was to
make this decision himself. Forest then questioned again
why Mr. Dean was not given any notice from the County
to vacate the property and mobile home. Isham related
that the Board's jurisdiction is only to mane-the decision
on the appeal, not to enforce this decision. He related
that there were some options to enforce action. One
option was for the County to initiate litigation through
the court system or another option was for the neighbors
to initiate litigation. Isham re-emphasized that the
power to,enforce the Board s decision was not the Board's
authority, but the courts. The only authority the Board
Deschutes Co. BOC
3anuary 22, 1981
has at this time is to initiate litigation. Marjorie
Hollum, a neighbor to Mr. Dean, stated that the mobile
had been moved on the property before any hearing had
taken place, which was wrong in the first place, and
now he won't remove the mobile even though his application
had been denied. Isham stated that this was among the
facts that would be considered by the Board if they
were to initiate litigation. Paulson stated that the
Board had not yet met as a body to discuss this problem
since the appeal. He suggested that this perhaps go
before the Board for consideration at an executive session.
MOTION: SHEPARD moved that the Board consider the above
discussed matter in an Executive Session to
consider litigation on Wednesday, January 28, 1981
after the regular Board meeting.
YOUNG: Second.
VOTE SHEPARD: AYE.
YOUNG: AYE.
PAULSON: AYE.
Discussion:
The next item on the agenda was a discussion regarding
MJP-80-27
MJP-80-27, a request for private easement for Bill Reed.
Request for
Craig Smith stated that he has talked with Bill Reed
private ease-
and heHa rrequested that a re-hearing be held for
ment
MJP-80-27, as one of the conditions of approval on his
partition was that he dedicate an easement to the public.
Mr. Reed has requested that he be allowed to obtain
a private easement rather than dedicate that easement
as a public right-of-way.
MOTION: SHEPARD moved to hold a re-hearing for MJP-80-27
Bill Reed on February 10, 1981, at 10:00 a.m.
YOUNG: Second.
VOTE SHEPARD: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Discussion:
At this time a discussion was held regarding problems
Minimum
with minimum parcel sizes and discussion pertaining
Parcel Sizes
specifically to MP-80-217, Jeffrey Hanes, which also
relates to minimum parcel size. Craig Smith stated
that there is an overall problem with minimum parcel
sizes and the Board should take a look at establishing
some kind of policy relating to this. He stated that
when someone is partitioning a parcel, when the parcel
becomes split, sometimes they are a couple hundreth's
of an acre short on the minimum parcel size requirement.
For example, Jeffrey Hanes has partitioned a 5 acre
parcel into two 2.5 acre parcels. After dedicating a
30 foot easement to the County, his total acreage size
is only 4.95 acres, which does not meet the minimum parcel
size. Smith suggested that some type of "rule of thumb"
be adopted so to allow those partitions where the total
acreage does not meet the minimum size by a very small
percentage. After considerable discussion it was
decided that Rick Isham should draft up some type of
written decision showing that on 5 acre parcels and above
a discrepancy of not more than 1/2 acre be allowed.
Page 3 of 4
Deschutes Co. BOC
January 22, 1981
Also discussed was Jeffrey Hane's problem with his
partition. His partition was approved under the old
ordinance, which stated he must have gross acreage.
After dedicating easement of 30 feet to the County,
Mr. Hanes has only 4.95 acres instead of 5 whole acres.
MOTION: SHEPARD moved to approve the parcel size as
submitted for MP-80-217 for Mr. Hanes as it
meets the requirements of the ordinance.
YOUNG: Second.
VOTE SHEPARD: AYE.
YOUNG: AYE.
PAULSON: AYE.
LaPine Special Rick Isham has brought to the Board an Order #81-036
Sewer District calling for an election for the LaPine Special Sewer
Call for District.
Election MOTION: YOUNG Moved to amend the agenda to consider
Order #81-036.
SHEPARD: Second.
VOTE YOUNG : AYE.
SHEPARD: AYE.
PAULSON: AYE.
MOTION: YOUNG moved to approve Order #81-036.
SHEPARD: Second.
VOTE YOUNG: AYE.
SHEPARD: AYE.
PAULSON: AYE.
MP-80-90 For signature was MP-80-90, Elbert Dixon, applicant.
MOTION: YOUNG moved to approve MP-80-90.
SHEPARD: Second.
VOTE YOUNG: AYE.
SHEPARD: AYE.
PAULSON: AYE.
Acquiring For signature was a Resolution #81-002, declaring
Fee Simple necessity to acquire fee simple title. Isham stated
that this Resolution deals with the improvements being
made to Division Street.
MOTION: SHEPARD moved to adopt Resolution #81-002.
YOUNG: Second.
VOTE SHEPARD: AYE.
YOUNG: AYE.
PAULSON: AYE.
Approved by the Board were two requests for refunds. 1) #23082 for $70.00
to Shakey's, Inc. due to license fee paid twice. 2) #21253 to Kirt E. Lee
in the amount of $160. due to a motion passed a few weeks ago by the Board.
Due to no further.-business, the meeting was adjourned and reconvened for
a meeting for the 7th Mountain County Service District.
BOA OF COUNTY OMMISSIONERS
CLAY _ P OMMISSIONER
ALBERT A. UNG,
COMMISSIONER