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2007-1076-Minutes for Meeting February 10,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS 1+V 10074076 COMMISSIONERS' JOURNAL 06/20/2007 10:42:57 AM II VIII II IIIIIIII IIII II I I III 2107-1 0 d Do 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 or as Fee Number and Page , 'DEStCHUTES COUNTY BOARD OF COMMISSIONERS FEBRUARY 10, 1981;- REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 A.M. Both Commissioners Shepard and Young were also in attendance. Amendments to There were no amendments to the agenda. the Agenda Public hearing Chairman Paulson opened the public hearing on MJP-80-27 regarding Pri- requesting a private road. Bill Reed said that the vate Road, MJP- subject property is surrounded on three sides by the 80-27, Bill Deschutes National Forest and on the fourth side by Reed, Applicant Tollgate Subdivision. He does not plan to sell the property but is applying for the variance for the pur- pose of getting a private easement road on their prop- erty. Rick Isham said that he presently has a private crossing permit from the Forest Service. They need a variance allowing the road in MJP-80-27 to be a private road rather than a public road. MOTION: YOUNG moved that the variance be permitted allowing a private road, waiving the road standards. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Second Reading The Sisters Comprehensive Plan and Zoning Ordinances Sisters Compre- was considered at the January 22, 1981 public hearing. hensive Plan Rick Isham said the ordinance was adopted and is in and Zoning Or- effect as of the date it was signed. dinances MOTION: SHEPARD moved that the ordinance be read by title only. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Chairman Paulson gave the second reading of Qrdinance #80-22.4, by title..only. MOTION: SHEPARD moved to adopt Ordinance #80-224. PAULSON: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Modifications Bruce Knowlton presented to the Board modifications to to the proposed the proposed sign ordinance in a memo to them dated Sign Ordinance February 3, 1981. These modifications were based on a workshop he had held with the Commissioners on January 15, 1981 and a Public;Hearing held on January 21, 1981. The!modif .cation consisted of an amendment to the draft sign orndinace which would allow an applicant for a sign permit the opportunity of obtaining additional wall sign area.in lieu of utilizing a free-standing sign. Deschutes County BOC February 10, 1981 Page 2 MOTION: SHEPARD moved to approve the proposed modifi- cations to the sign ordinance. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For review and Bruce Knowlton said that the applicant, Mike Reed, had possible signa- received preliminary approval subject to two conditions: ture: MP-78-153 the roll change request and road request permit. The applicant was not aware that he had to submit copies of these to the Planning Department. After being notified by the Planning Department he did supply these. He also had not.gotten the necessary signatures on the mylar. MOTION: YOUNG moved that the Board approve and sign MP-78-153 because all~.conditio.ns had-been met prior to the expiration date. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion re- Chris Williams, Sheriff's Department, said that the garding sale of Sheriff's Department has received a request from the Sheriff's car Carlin Police Department in Carlin, Nevada, to buy a sheriff's car that the Deschutes County Sheriff's Department has phased out. It is a complete police package. The Carlin Police Department has offered $450.00 for the car which is like others in their fleet. Commissioner Shepard asked why Deschutes County does not continue to utilize the car. Williams responded that the vehicle had high mileage and was costing too much in repairs. MOTION: YOUNG moved to sell the 1977 Pontiac Sheriff's Department car to the Carlin Police Department as is for $450.00. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion re- In early January, while doing a survey of county-owned garding cutting property, Pat Pilcher found that a number of trees had trees on county been cleared from an approximately 5-acre parcel of property. county property leased to Robert Kemnitz. It was es- timated that approximately 70 trees had been removed. In 1979 or 1980 there was an agreement between the County and Mr. Kemnitz regarding a road easement through the property. Mr. Kemnitz said that prior to buying a caterpillar tractor he had contacted the county with the intention of clearing trees and that his idea was to improve the property. Brian Christensen had found the minutes of the meet- ing which permission was given to remove two trees so that a fence could be constructed. Mr. Kemnitz said Deschutes County BOC February 10, 1981 Page 3 that he was not at that meeting and had never had any intention of removing only two trees. He had not thought it necessary to receive permission in writing. After that meeting he assumed he had approval. Brian Christensen said that County Counsel, Jill Thompson, had received a call asking permission to cut two trees to build a fence. Mr. Kemnitz responded that he did intent to build the fence, but also planned to plant a pasture on the property. However, he was later told by Cetral Oregon Irrigation that he could not put water on the property. He also constructed a better canal road across the property. Commissioner Shepard said that when the County leases land it is for a specified purpose only, in this case grazing. He felt that the Board needed to be careful in this action because it could set precedent. Commissioner Young suggested that if it was the Board's opinion that the property had indeed been improved then no action should be taken. Rick Isham said that the ownership of the felled trees is the County's. Since the lease had been violated they could declare the lease void. Commissioner Shepard said that someone should go and determine whether the land had been improved or made less valuable. Commissioner Paulson asked that Neil Hudson go with someone from the Planning Department and report back to the Board. Discussion re- Neil Hudson, Road Department, said his department had been garding road- considering hauling cinders for the roads on the High work for High Desert Museum property, but because of funding they will Desert Museum not be able to accomplish this. The museum also needs to have the State highway widened to provide turn lanes. Neil Hudson felt that the road department was in a better position to do this. Don Kerr of the High Desert Museum said that the mus- eum has been trying to get materials and work donated to them by various agencies because they do not have the funding to do this themselves. They have several contri- butors so far, but need the county's help with fill work. They hope to have the roads complete in April when they plan to open the museum. Hudson said this would amount to about a $5,000 dona- tion by the County. It would take about a week to com- plete, with all the work being in-house with no actual cash outlay except fuel costs. MOTION: SHEPARD moved they allow the Road Department to participate in the road program at the High Desert Museum in the form of work and fill mat- erials. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Don Kerr said he was very grateful for the County's support. DESCHUTES COUNTY BOARD OF COMMISSIONERS FEBRUARY 10, 1981 Page 4 Submittal of Neil Hudson submitted to the Board the Road Department Road Dept. Quarterly Report and briefly discussed some of the Quarterly report highlights of the report. Discussion re- Neil Hudson said that the Road Department currently garding Consult- utilizes a computer program done for them by CMSI which ant for Program- is not adequate to comply with State Cost Accounting ming the Public Guideline requirements. He requested the Board's per- Works Computer mission to spend the money required to hire a computer Program programing firm to update their current program in order to make it capable of maintaining a current inventory. They have received two bids, one from Connelly, Hansen & Coons in Salem if for between $8,000 and $12,000 to rework the present system. Consideration was also given to getting a complete new program. The cost could run between $10,000 and $20,000. Commissioner Shepard asked if it was really necessary to spend this money-- would they be financially ahead by doing so, and how had the Road Department been com- plying with the State guidelines in the past. Hudson responded that they had not been in compliance and they currently do not have the capability to do so. They must be in compliance by July 1, 1981. Rick Isham said that before the money could be spent written reports and proposals must be submitted to the Board. He added that three bills had been introduced to the legislature to change State cost accounting guidelines. Neil Hudson said that he would come back before the Board next week with the written reports and proposals necessary. Discussion with Lou Dvorak came before the Board on behalf of the Inn Lou Dvorak re- of the Seventh Mountain with a request that they be garding Solid allowed to begin hauling garbage from the restaurant Waste Franchise as well as the Inn, which they have been doing for four years. There has been some problem with the garbage service out there. It would also be less expensive for them to haul their own garbage. Before beginning hauling the garbage they wanted to get permission from the county to prevent future problems with the franchise- holder that may result. Commissioner Shepard said it would not be appropriate for the Board to act on this until it had come before the Solid Waste Advisory Board, as it is their chief purpose to make recommendations to the Board on this type of thing. Neil Hudson said they would come back to the Board with a recommendation to the Board on this;: Discussion re- Commissioner Shepard said that the proposed registration garding proposed of non-conforming uses is an attempt to allieviate a notice to prop- current problem and to get the public to participate in erty owners the solution. John Andersen said that they do get some people coming in to the Planning Department who wish to register their non-conforming use on their own. Commis- sioner Young said he is against this proposal. He said the average property-owner doesn'.t know whether he has ' DESCHUTES COUNTY BOARD OF COMMISSIONERS FEBRUARY 10, 1981 Page 5 a non-conforming use or a variance. Commissioner Paulson suggested that because of lack of a clear mandate that they take no action. No action was taken. OthefiStaff/Pub- Commissioner Shepard said that he had received a letter 1J c1Ceriderhs,,.-- from the State Fair Board reminding them that they did not put up a booth at the State Fair. Commissioner Paulson responded that the County did not have funds for this and saw no reason to respond. For Signature: Craig Smith brought MP-80-58 before the Board for their MP-80-58, Howard signature and approval. Smead, Applicant MOTION: YOUNG moved to approve MP-80-58. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For Signature: Craig Smith brought MP-80-113 before the Board for MP-80-113, Fol-c signature and approval. This included declaration of ded- mer Bodtker, ication. Applicant MOTION: YOUNG moved to approve MP-80-113.and the accomp- anying Declaration of Dedication. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For Signature: Commissioner Paulson read Resolution #81-012 amending Resolution #81- Resolution #81-001 relating to Howell Hilltop Acres. 012 MOTION: YOUNG moved to adopt Resolution #81-012. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no further business, the meeting was adjourned. COUNTY BOARD OF COMMISSIONERS Al t A. Young Commis r /ss