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2007-1074-Minutes for Meeting February 03,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS vu 2007-1071 COMMISSIONERS' JOURNAL 0612012007 10;42:57 AM 1111111 12 007-1Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 and Page or as Fee Number .,.-DESCHUTES COUNTY BOARD OF COMMISSIONERS February 3, 1981 - Regular Meeting Chairman Paulson called the meeting to order at 10:00 a.m. Both Commissioners Young and Shepard were also present. Discussion with Randy McKnight represented the Terrebonne Congregation Randy McKnight of Jehovah's Witnesses who needed to gain easement rights regarding a re- for access to their church property. Mr. McKnight said quest for a re- that the county had title to the land through which they vokable license. need an easement, but Central Oregon Irrigation has ex- clusive easement rights. In order for them to grant a portion of their easement rights to anyone else, they. must first have permission from the title-holders of the property, which is the county. If the county does not sign this agreement, COI cannot proceed with granting them easement rights. They are going to consider a revokable permit for the same purpose. MOTION: YOUNG moved to approve right-of-way agreement for Terrebonne Congregation of Jehovah's Wit- h.esses on the property described therein. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Under discussion of the motion, Commissioner Paulson said that #3 reads "Church agrees to use church prop- erty only for access to other church property" which implies that this is church property. The word "other" should be struck. Request for Mr. Heinz had obtained a conditional use permit to place refund by Bill a mobile home on his property. That permit had been Heinz granted and had gone through a hearing with the Hearings Officer, however his neighbors plan to appeal the Hearings Officers decision and have been successful in the past. His plans have been all along to use the mobile home as a temporary residence until he built a home on the property. When he originally applied for a permit for his mobile, he wanted a temporary permit, but to obtain one you must submit building plans at the same time. As he did not plan for-build for three years, he did not yet have the plans, so he went for a conditional use permit. As he now plans to build sooner than earlier expected, and be- cause the neighbors object to the mobile home existing as a conditional use, he would like to have his conditional use permit fee of $110.00 applied to a temporary use ap- plication fee and building permit fee. MOTION: YOUNG moved Mr. Heinz be allowed to apply the fee that he already paid on a temporary permit. SHEPARD: Second. Dick Knoll of the Planning Department said that the fee paid for is a Planning Department fee, and the fee to be applied needs to go to two departments, building and planning. Page 1 of 5 Depchutes County BOC February 3, 1981 Commissioner Young said he was not aware of this when he made his motion, therefore with the seconder's consent he will withdraw that motion and make another motion. MOTION: YOUNG moved that Mr. Heinz's fee be refunded. Motion died for lack of a second. MOTION: PAULSON moved that the request for waiver of fee and return of fee be denied. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Discussion: Chairman Paulson read into the record a proposal which Proposed Not- would request the registration of nonconforming uses ice to Prop- within the county. The intent of this proposal is to erty Owners provide the county with some record of pre-existing nonconforming uses so that 'in the event of a nonconforming use being brought beAre the Board in the future as a zoning violation, this would provide the owner with some evidence that this was in fact a pre-existing nonconfor- ming use and legal under a conditional use permit. The registering property owners would be required to submit evidence that this use existed before the zone change and had not been expanded since then. Rick Isham said that this information will be indexed in the-Ylanning Department to make them aware of nonconforming uses, however, this does not mean that by registering their nonconforming uses it will protect them from any con- test as to whether or not the use is legal. John Ander- sen said some problems might result from the notice are: there may be a lot of confused people calling because they don't understand what is going on which will raise their workload, and they will have to do something to check out the validity of the claims. In its favor, it does put the county in a better position to gove accurate answers to people when they do call in with a complaint about a nonconforming use. This makes it easier to stop the issue at a very early stage instead of having to go through a complete review of the whole situation. John felt that there probably would not be a lot of people who register their nonconforming use as outlined in the proposal. Randy McKnight said that the county would have to prove the claim correct to have any future legal reliance on this information. Chairman Paulson replied that this burden would fall on the c aimant as he is required to submit photos, maps, etc. as listed on the notice. Paulson suggested tabling this proposal enabling any interests public to have a chance to comment. Page 2 of 5 Deschutes Count 8T BOC February, 3,19. For Signature: At this time there was an order before the Board Order 81-035 appointing Susan Stoneman Recording Secretary of the Board of County Commissioners. MOTION: YOUNG moved to adopt Order #81-035. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion re- Neil Hudson of the Road Department make a recommendation garding Solid to appoint Bob Currie to _ the vacancy in the Solid Waste Advisory Waste Advisory Board left by Jeff Daggett. Board vacancy and possible MOTION: SHEPARD moved to appoint Bob Currie to the appointment _ :Solid Waste Advi.sory,•Board. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Other Staff/ MOTION: YOUNG moved to amend the agenda to include Public Concerns 1) Land trade with Dr. Kwas, 2) Abe Young's legislative involvement, and 3) Lease rates for Awbrey Butte. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Abe Young's leg- Chairman Paulson said that he would like to have Abe islative invol- Young report back to the Board on legislative activities vement of interest to the County, because of his appointment to the Legislative Committee of the Association of Oregon Counties. Paulson said that this would enable Young to get official county positions on legislation for him to carry back to AOC. Commissioner Shepard noted that Young had no obligation to carry forther the opinions of the Board, however, Young said that he would take the Board's position into consideration. Land Trade Chairman Paulson said that he had received a call from with Dr. Kwas Bob MayfielTin7icating that Dr. Kwas was still interested in a land trade with the County. The land involved belonging to Dr. Kwas is near Oden Falls on the west bank of,the Deschutes River. The trade was first dis- cussed last year, butithe land that Dr. Kwas was inter- ested in which belonged to the County was being con- sidered for the County/BLM land trade near LaPine. Mr. Mayfield said that land had not been included in the BLM trade after all, and Dr. Kwas was still interested in trading. Paulson said that this would be a good asset for the County since the land had river access. Young said that the land bordering the river was a cliff what access to the river would have to be through another piece of property. Page 3 of 5 Deschutes County BOC February 3, 1981 Paulson added that Mr. Mayfield is also interested in a land trade with the County. He would like to trade a parcel of land on the opposite side of the river slightly upsteam from Dr. Kwas' property for a piece of County property west of Buckhorn Road between Red- mond and Sisters. Paulson said he would get more information on this_anJ75ring it before the Board. Lease rates on The Board received a memo dated January 29, 1981 from Awbrey Butte Chris Williams indicating that they have investigated the rates being charged by other counties for radio antenna sites. They found the average cost to be $50 per month per transmitter. Paulson suggested that the County update their leases to reflect such a rate, except to other government entitie8.. Rick Isham said that he hopes to work with the committee to put some sort of a performance standard into the leases. He said that any leases coming due now should have a notice sent to them indicating that the leases are going to change. He also suggested that there should be a cen- tral coordinator of this lease program and that Doug Maul's office would probably be best suited for this. It will be discussed with Doug Maul. MOTION: YOUNG moved to notify the leaseholders that at the expiration of their lease they would be notified of an increase in the rate charged. They will delay formal renewal pending the com- pletion of this study and resulting recommenda- tion. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For Signature: Craig Smith said that Mr. Steckler is purchasing this MP-80-101 land from the County and holds a contract with the County. The partition has already been signed and has met all conditions of approval. The partition is now ready for the Board's signature. MOTION: YOUNG moved to sign MP-80-101 and the accompany- ing agreement subject to Counsel's approval. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. At this time the meeting recessed to go into Executive Session. Following Executive Session the meeting re- convened. Mike Maier had a letter from the Employment Relations Board dated January 29, 1981 which he read aloud to the Board. Chairman Paulson said they should direct Mike to respond indicatinghat the Board chooses to hold an election to determine whether or not the Sher- P e4of5 0 "'Deschutes chutes County BOC February 3, 1981 iff's Department would like to form an association. If they elect to do so, it is assumed that the Board will recognize it. MOTION: SHEPARD moved that the Boardlrequest.that the Employment Relations Board hold such an elec- tion. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS Cd o ert C. Pau son, Jr., Chairman ` /ss Page 5 of 5