2007-1087-Minutes for Meeting March 25,1981 Recorded 6/20/2007D
NANCY ESCHUTES COUNTY OFFICIAL RECORDS i
COMMISSIONERS' COUNTY CLERK CJ 1QQ~â– 1~~,
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
MARCH 25, 1981 - REGULAR MEETING
Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner
Shepard and Commissioner Young were also present.
Amendments to There were six amendments to the agenda. Those were:
the Agenda (1) For Signature: River Forest Acres Road District
and Redmond Fire District Agreement, (2) Discussion
regarding Easement for Jerry Dixon, (3) For Signature:
Resolution adopting DEQ Water Quality Program for On
Site Sewage Disposal Fees, (4) Item #3 on the agenda
will not be discussed diring this meeting and is post-
poned until further notice, (5) Item #11B (MP-80-109,
Diana Soucy) is not ready for signature, and (6) Road
Signs in Terrebonne Area.
MOTION: SHEPARD moved to amend the agenda to provide
for the 6 items.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion This item was postponed until the following Tuesday's
regarding meeting.
Progress
Report
Discussion,--_-
Rick Isham, County Counsel, explained that he had placed
regarding
this on the agenda at the request of Mr. Paul Unger.
LaPine.Ready
Mr. Isham explained that LaPine Ready Mix had filed for
Mix
a Site Plan in the Fall of 1980 for the relocation of
the plant. They will be relocating in the near future.
At the present time Mr. Unger has indicated that the
County has failed to require the present present operation
to comply with this and a development agreement was never
entered into with the Board of Commissioners. Mr. Unger
has indicated that he would like the county to take some
action on this. He is willing to take stronger measures
to make the county do so. He also noted that there is
a violation next to this site where a rock crusher has
been moved in. The Ungers and the Lundas are asking the
County to enforce the County's zoning ordinances.
They had copies of the approved site plan and the current
site plan which they showed to the Commissioners. Nothing
was to be placed on the more southerly 2/3 of the property,
but in fact everything was placed on the southerly 2/3
of the property. There was some further discussion. It
was requested that the Board draft an order, ordering
them to move within a 30 or 60 day period. It was sug-
gested that the also be order to cease operation during
the interim, because of the seriousness of the violation.
If they operate at all, it was requested that they immed-
iately fence the property. Commissioner Shepard asked
County Counsel what their proper course of action would be
at this point. Mr. Isham recommended that they defer to
the judgement of the enforcement officer. Chairman Paulson
asked about the Board issuing an order. Mr. Isham responded
that if their operation on the property is legal, then
Page 1 of 7
Deschutes County Board of Commissioners
KArch 25, 19.81 - Regular Meeting
they have the right to proceed under permits they have
received. He added that without both sides having the
opportunity to make testimony, he would not advise them
to take any action. He said that the Mathers were not
informed of this action before the Board today. He
suggested that if they take any action, they follow the
zoning ordinance enforcement procedures. Ted Robinson,
Zoning Enforcement Officer, said that if the site plan
is being violated he could send Notice of Violation to
Mr. Mathers stating the date in which compliance must be
met. If they don't comply, then they could be cited for
violation. Commissioner Shepard asked Mr. Robinson to
investigate whether the site plan was a binding agreement.
If it is not being complied with then he should take
whatever steps at his disposal to see that it is being
complied with.
MOTION: YOUNG moved that the Enforcement Officer be
instructed by the Board of Commissioners to
investigate the site and see if the site plan
is being abided by and if it is not then he
goes through his procedure. In the event that
Mr. Mathews is cited and would request to appeal,
Mr. Unger shall beinotified. Each party shall
be notified.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion
Bruce Hamowitz of the Deschutes County Humane Society
regarding
came before the Board. He said that the Humane Society
proposal for
is interested in assuming the responsibility for the
Dog Licensing
dog licensing program in the county. He felt that the
most effective program would be for the Humane Society
to administer it with a computer system. He gave the
Commissioners some information he had prepared listing
the advantages and the income and expenses. He suggested
using a small home computer, such as the Apple computer.
Mike Maier showed the Commissioners his estimates on the
cost to the County for this. There was some further dis-
cussion on the financial aspects of the proposal. Mr.
Hamowitz said that the amount listed to:go the Humane
Society was negotiable. He said that he is retracting
the proposal for the County to buy the computer, the
Humane Society will assume this cost. The Board of
Commissioners will still set the license fees. Mr. Ham-
owitz said that the only thing the Humane Society could
not do would be to cite a person, this they would have to
hand over to the Sheriff's department. Rick Isham sug-
gested that the Sheriff temporarily deputize the people
who sell the licenses. After further discussion, Mr.
Hamowitz suggested that begin a six-month trial program.
It was suggested that a temporary contract be drawn up
for review. They hope to being the project by July 1.
Page 2 of 7
Deschutes County Board of Commissioners
March.25, 1981 - Regular Meeting
Submittal Neil Hudson, Director of Public Works, came before the
of Maintenance Board to present his department's Maintenance Study.
Study He handed it out to the Board. He briefly gave the
highlights of the study. The cost assignment to each
activity was outlined, as well as the level of activity
the department must maintain and the workload involved.
The annual man-days were outlined, as well as a schedule
indicating when projects would be undertaken and completed.
All of the work to be done during the year was outlined
on this schedule. He said that this was just a brief
overview and could be discussed in more detail that after-
noon in the Budget Board meeting. He explained that that
department intends to reduce their full-time year-round
staff by two and replace them by four summer help employ-
ees. He said that there are currently vacancies for two
Maintenance Man I's but they will not replace them until
this summer.
Road Signs in Commissioner Shepard said that he had received a phone call
Terrebonne from Mrs. Peters who lived near Terrebonne at Lower Bridge
area regarding the absence of a road sign in her neighborhood.
He had called the Road Department to see about having the
sign placed but they responded that they need Board approval.
He said that in the past the Redmond Rural Fire Protection
District had contracted to do this but that contract had
expired. Mr. Hudson said that he would have the sign
made and put up.
Discussion of Neil Hudson explained this to the Board and handed out
Maintenance
some related material. He said that the problem is on
Agreement,
Whittier Drive. He said that part of this road is a park
LaPine Rec-
road and it is paved. Nearby residents want the County
reation Road
to assume the responsibility for maintenance of the road
and snow plowing. He said that there was a 10-ton load
limit on the road, and all the County equipment is over
10 tons. The right-of-way is owned by the Forest Service
and BLM. This road connects to Deschutes River Recreation
Homesites. There was some discussion on access for near-
by subdivisions. Since this road is a park road, the
State does not maintain it during the winter months.
There was some question about where legal access to the
nearby subdivisions actually was. If this road is not
legal access, the Board felt they should not enter into
the maintenance agreement.
Discussion re- Chairman Paulson read aloud a letter sent to the Board by
garding County Bob Greenstreet of the Assessor's office. Mr. Greenstreet
leased parcel had inspected the County land in which the lessee,'..Mr.
Kemnitz, had cleared the land of;all trees. In Mr. Green-
street's letter, it was stated that the value of the prop-
erty would probably be enhanced as a result of this in
about 15 months. Chairman Paulson expressed concern about
setting a precent as a result of action they take today.
He thought some kind of action should be taken, so that
people leasing county land will not feel at liberty to
misuse county lands. He suggested that the Board require
some kind of compensation.
Page 3 of 7
Deschutes County Board of Commissioners
March 25, 1981 - Regular Meeting
MOTION: YOUNG moved to accept Mr. Greenstreet's
recommendation.
SHEPARD: Second.
Commissioner Shepard did not think that this action
would prompt people to begin cutting wood on county
land because Mr. Kemnitz leased this land. Chairman
Paulson responded that Mr. Kemnitz has no more right
to cut wood on county land than anyone. He said that
to clear the land in the first place required the use
of heavy equipment. The Recreation Committee has pro-
jects that need the use of heavy equipment. Chairman
Paulson suggested requiring Mr. Kemnitz to donate a=_
certain number of hours of public service with the heavy
equipment as restitution. Mr. Kemnitz said that it was
not his intention to ruin anything. He said that he
has two cats he could use to do this and he he expressed
a willingness to do this. Mr. Isham suggested that this
be written into some kind of a letter agreement. Dis-
cussion as to cash value of this service took place.
To rent an operated cat costs approximately $50 - $60
per hour. Chairman Paulson suggested that they require
10 hours of service, amounting to an approximate $600
penalty. Commissioner Shepard felt that this was extreme.
VOTE: PAULSON: NO.
SHEPARD: AYE.
YOUNG: AYE.
Mr. Kemnitz said that he was willing to offer some
service of this nature to the county. He stated that
he would volunteer to do so.
Discussion
Mr. Isham explained this briefly and showed the location
regarding
of the proposed easement across County land on a map.
Easement for
This easement was for an underground water pipe. The
Jerry Dixon
agreed upon compensation was $1,175. The Assessor's office
placed this value on the easement. Mr. Dixon explained
that he is representing the person who wants to put in
the pipe. He noted that sometimes compensation is not
required for easements and asked if that would be a pos-
sibility in this case. Chairman Paulson suggested that
the Board go with the recommendation of the Assessor's
office in order to be consistent with easements they have
granted in the past.
MOTION: SHEPARD moved that they proceed as recommended
by the Assessor's Office.
YOUNG: Second.
Mr. Isham suggested that he draft the easement and that
they approved the motion with the understanding that
Council will draft the document to be signed at a later
date with signature authorized. He also suggested sending
a letter to Mr. Marcum through Mr. Dixon indicating that
he could proceed prior to the signing of the document.
The Board agreed with these suggestions.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 4 of 7
Deschutes County Board of Commissioners
March 25, 1981 - Regular Meeting
River Forest
Neil Hudson explained the details of this. This
Acres Road
Road District had requested that the County haul some
District Agree-cinders for them. Mr. Hudson said that the County could
ment
do this at an approximate cost of $4,500. The County
can do this at a cheaper rate than private contractors
because they are able to obtain cinders at less cost.
Rick Isham had drafted this agreement stating that payment
was due upon presentation of the bill. The road district
was unable to accomodate that price in one payment.
They are able to pay part of it now and the rest next
year. There was some further discussion on this.
MOTION: YOUNG moved that they approve the letter of
agreement with River Forest Acres Special Road
District regarding hauling cinders and amount
be due upon presentation of the bill.
Chairman Paulson suggested that they require the road
district to demonstrate ability to pay before beginning
the work and payment be due upon presentation of the bill.
He suggested that the letter to reflect that the contract
be based on their checking account and not based on the
cinders. The Road Department will do the work based on
the extent of their ability to pay.
MOTION: PAULSON moved that the Board agree to have
River Forest Acres Special Road District in
an amount not to exceed $4,500 for materials
and equipment done upon demonstration by the
special road district that they have the ability
to pay. The scope of the work will be based
on the district's ability to pay. Payment will
be due upon presentation of the bill.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion
John--Andersen, Planning-.Director;--.expl.ained the details
regarding
of the Forest Management Plan Criteria. He said that
Forest Man-
LCDC had required they formulate criteria for allowing
agement Plan
residences to occur inside the forest zones. He explained
Criteria
that a Forest Management Plan will be required before
allowing a home to be built inside the forest zone, if
it is adopted. He said that this was adopted in the zoning
ordinance but they did not adopt criteria. He said that
the Planning Commission had reviewed this and they recom-
mend that the Board approve it. Mr'... Andersen reviewed
his memo to the Board dated March 23, which contained some
additional criteria submitted by LCDC. He suggested a
change in #13 of the memo: add "and that impact on non-
commercial forest uses are minimized".
MOTION: SHEPARD moved to approve the Planning Commission's
recommendation and the amendment to the addendum
which John Andersen has presented as well as the
addendum.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSTAIN.
Page 5 of 7
Deschutes County Board of Commissioners
March 25, 1981 - Regular Meeting
At this time, the meeting recessed until approximately
3:30 or when they complete the Budget Committee meeting.
The meeting reconvened at 3:25.
For Signature: This item was cancelled until further notice from the
Order #81-099 Road Department.
Vacating a
Public Way
MP-80-74, Don- Craig Smith brought this before the Board for final
ald Owen approval and signature.
MOTION: YOUNG moved to approve MP-80-74.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MP-81-1, Craig Smith brought this before the Board for final
Alvan Turner approval and signature.
MOTION: YOUNG moved to approve MP-81-1.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MJP-79-78 Craig Smith brought this beforec•.._thQ,Board for final
Marcia Heglie approval and signature.
MOTION: SHEPARD moved to approve MJP-79-78.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
(2) Requests Chairman Paulson read information from each request.
for Refunds The first was Receipt #22457 in the amount of $15 to
Charles A. Branch. The second was Receipt #23595
to Bend's 97 Host Motel. The Board agreed to approve
these requests.
For Signature:
Redmond Fire
District
Agreement
For Signature:
Resolution
adopting DEQ
Water Quality
Program for
on site sew-
age disposal
fees
This was not discussed, as there was no material or
information before the Board regarding this.
Chairman Paulson read Resolution #81-028 in part. This
is changing the fee schedule. The Board wanted information
on the new fees. They did not sign the resolution.
Page 6 of 7
Deschutes County Board of Commissioners
March 25, 1981 - Regular Meeting
Discussion
Mr. Isham said that the Board
can only withdraw from
regarding
the 11th Judicial District by
an act of the Legislature.
11th Judicial
They are currently deciding on
if they want to have
District
funding for the Indigent Defen
se Fund. Deschutes County
pays about 1/2 of the budget,
amounting to $538,236.
They have had problems with th
e Indigent Defense portion
of that budget. The County's
total contribution to the
fund is $263,000. They would
like that figure to be
reduced to $111,000. Chairman
Paulson had a memo from
Mike Maier dated March 19 in;which three options were
outlined. These options were
discussed.
Other Staff/ Craig Smith brought MP-81-6 before the Board for Signature
Public Con- and approval. This created two parcels in an EFU-20
cerns zone located on Gherking Market Road.
MOTION: SHEPARD moved to approve MP-81-6.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature: Jay Langley and John Glover of the Sanitation Department
Resolution came before the Board to explain the proposed fee change.
adopting DEQ MOTION: SHEPARD moved to approve Resolution #81-028.
Water Quality YOUNG: Second.
Program for VOTE: PAULSON: AYE.
On Site Dis- SHEPARD: AYE.
posal Fees YOUNG: AYE.
After further minor discussion regarding the 11th Judicial District and
Mr. Maier's memo, the meeting adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Robert C. Paulson, Jr., C rmaih,
Albert A Young, ommiss' ner
4
Clay C. hepa , Commis Toner
/ss
Page 7 of 7