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2007-1100-Minutes for Meeting April 29,1981 Recorded 6/20/2007DESCHUTES COUNTY CLERKDS ~d ~V~~'~~VQ NANCY COMMISSIONERS' JOURNAL 46/24/2407 10;56;23 AM .1..1.1. 11..1..i... 11.....I. .o. 2007-1100 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 • DESCHUTES COUNTY BOARD OF COMMISSIONERS APRIL 29, 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 four items on the amendment sheet attached to the Agenda the Agenda. They were: (1) Appointment of persons designated by the governing body to carry on Labor negotiations, (2) Discussion relating to representation in the case of DiBernardi vs. Deschutes County, (3) Explanation and signature of the Family Planning Grant, and (4) Discussion regarding extension of Squaw Creek Canyon Subdivision. There were no additional amendments to the agenda. MOTION: SHEPARD moved to adopt the amendments to the agenda. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Second read- Accompanying the Ordinance were the proposed Findings ing and pos- of Fact. Chairman Paulson explained that the public sible adopt- hearing had been held previously and~_no-public=Comment---- ion of Sign would be heard _ati.th s meeting. ;i Ordinance MOTION: SHEPARD moved that the.second reading of Ordin- #81-009 ance #81-009 be read by title only. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Chairman Paulson gave the second reading of Ordinance #81- 009 by title only. MOTION: SHEPARD moved to adopt the Findings of Fact sub- mitted for Ordinance #81-009. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Bruce Knowlton, Planning Department, said that the Ordin- ance contains one typographical error on page 8 of the text, 'Section 1.0301'should be changed to read "Section 1.130". He had no other comments. MOTION: SHEPARD moved to approve Sign Ordinance #81-009. PAULSON: Second. Commissioner Young said that the Sign Ordinance is a dir- ect result of the Comprehensive Plan. He did not approve the Comprehensive Plan, so he said that he would be forced to vote against this, but he expressed approval of a sign ordinance. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Commissioner Shepard noted that the editorial correction is part of the motion, Chairman Paulson agreed. Page 1 of 6 Deschutes County Board of Commissioners April 29, 1981 - Regular Meeting Discussion re- Chairman Paulson entered two documents into the record; garding Tempo- the first was a letter from Mr. Deteto, 4128 Hager St., rary Permit Salem 97301, expressing objection to the issuance of the for Crushing permit, the second was a mailgram from R.L.T. House, of Cement Halsey, Oregon, also expressing his disapproval. Commis- sioner Young said that he had received a telephone call from Lee Kennell in Lapine who lives near the site, and Mr. Kennell expressed his disapproval. Sylvia Shields came before the Board as the party requesting the permit. Brian Christensen, Planning Department, came before the Board and briefly explained the background information. He said that Mrs. Shields came into the Planning Depart- ment last week to request this temporary permit. He said that this was the former of site of LaPine Ready Mix who has recently moved. There is some leftover material at the former site and Mrs. Shields would like the oppor- tunity to crush the material remaining at the site. The Planning Department does not have the authority to grant such a temporary use, so Mr. Christensen suggested that Mrs. Shields approach the Board with this request. Mrs. Shields said that its only a matter of cleaning up the site. Her intention was to crush the cement and then put the crushed material on the roads to keep the dust down. Chairman Paulson asked if it was possible to move the material to the new site and crush it there. Mrs. Shields responded that it was possible but less practical because of the trucking that would be involved. Mr. Whitney then addressed the Board with comments on this matter. He said that he represents some of the elderly neighbors. He expressed their disapproval of this, saying that it was not legal under the 1972 ordinance,because of the noise it will create. Mr. Lunda then approached the Board with his comments. He said that last winter the Shields hauled rock onto the subject property and that is what they intend to crush at this time. Mrs. Shields explained that they often store aggregate materials on this property and only intend to crush the residue of the pre- vious operation. Mr. Isham said that the Board could review the ordinance for the purpose of allowing such a temporary use. The current ordinance has limited authority with respect to temporary uses. He said that the County receives frequent requests for such temporary uses, so the Board may want to reprise or amend the ordinance to provide for temporary uses. He said that since they have no provision for this in the ordinance, it is not allowed. The Board cannot grant or deny something that is not covered in the ordinance. MOTION: SHEPARD moved that they deny the temporary permit for crushing of cement. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 2 of 6 Deschutes County Board of Commissioners April 29, 1981 Regular Meeting Discussion Paul Speck, Attorney representing neighbors of the with Paul new KPRB radio tower, came before the Board to request Speck regard- discussing with them the possible sale of some County ing possible land. This proposed tower is currently under appeal. sale of County before the Planning Commission,. however, the appeal has land not yet reached the Board. He said that they were granted a de novo hearing, with the condition that Dave Jaqua (attorney representing KPRB) and the Radio Committee have access to all evidence. Dave Jaqua was also present at this meeting. Mr. Speck explained that they are trying to find an alter- nate site for the tower so that it won't be constructed in the residential area of the persons he is representing. They have located a site that may be suitable near Negus landfill that is owned by the County. He would like to find out if the County is willing to sell this land before he takes his case before the. Planning Commission.! He has contacted the Assessor's office to see how the land was acquired by the County. It was granted to them by the Federal Government. Rick Isham noted that any exchange would fall under the patent lands laws. There was some discussion on the proper way of acquiring lands under the patent lands laws. Mr. Isham noted that the Awbrey Butte Lease Committee has been meeting regularly and there have been discussions in that committee of providing other arrangements elsewhere in the County. There is a possib- ility that that committee will be involved in the Redmond area and if this was an appropriate site, they may want to use it. It was the Board's feeling that they should not make a decision on whether or not they would be willing to sell the land at this point. It was agreed that it should be referred to staff for a recommendation, and possible the Public Advisory Team as well. Discussion Lou Dvorak, Martin Hansen and Dick Brownrjag came before regarding the Board on this matter. Mr. Brownrich, Sun Country Solid Waste Disposal, said that he had only been informed of this Franchises hearing on the preceeding Tuesday, which was not enough notice for him to have his attorney attend (his attorney is from Salem). He requested that today's hearing be postponed. MOTION: YOUNG moved that it be continued for two weeks. SHEPARD: Second. Commissioner Shepard asked if the Board's intent was to accept further testimony or make a final decision only. Kim Ward asked that he be allowed to submit testimony, as he was not aware of the first hearing and had not had the opportunity at that time to submit testimony. There was some further discussion on the question involved. Commissioner Shepard said that there was some ambiguity in the ordinance, and the Board should attempt to clear it U.P. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Deschutes County Board of Commissioners April 29, 1981 - Regular Meeting It was decided that this would be heard on May 13. Chairman Paulson said that testimony would be limited to 15 minutes for each party. He said that all those concerned with the mobile home aspect will be represented at one time. Material related to the testimony can be submitted to the Board in advance. Acceptance Rick Isham explained this briefly to the Board. In the and signature event that Diamond International owns a portion of China of Quitclaim Hat Road they are giving it to the County. He recommended Deed that if it was the Road Department's desire to acquire that roadway they should go ahead and accept it. Mr. Hudson recommended that the Board accept the quitclaim deed Chairman Paulson read the Acceptance of Deed in part. MOTION: YOUNG moved to accept the Quitclaim Deed. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Appointment Rick Isham said that Mike Maier, Darrell Davidson and of persons himself had met with the Sheriff's union representatives designated by in an initial.meeting to.receive-_:their proposal-.:. It was the governing felt that the Board should officially appoint them if body to carry it was their desire for them to be negotiating team for on labor neg- the County. otiations. MOTION: YOUNG moved that Darrell Davidson, Mike Maier and Rick Isham be appointed as the negotiating team with the Sheriff's Association. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Mr. Isham said that in conjunction with this, he has prepared a notice of Executive Session to be held the next day at 1:30 p.m. This will be for the purpose of deliberation with the team-members they have appointed. MOTION: YOUNG moved to have an Executive Session tomorrow at 1:30 between the Board and the negotiating team. SHEPARD: Second. Commissioner Shepard said that he had a conflicting schedule and would not be able to attend. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion Mr. Isham said that several days ago he had been served relating to with a new complaint on the DiBernardi case. He said representa- that Lou Dvorak is currently representing the County on tion on Di- this case. He said that there is some question as to the Berndardi Board's intent with respect to this particular litigation case as to whether he or Mr. Dvorak should carry on with this case. After some discussion, it was the Board's concensus that Rick Isham should represent the County in this matter from this point forward. Page 4 of 6 Deschutes County Board of Commissioners April 29, 1981 - Regular Meeting Explanation Lynn Stonelake came before the Board to explained this. and Signat- She said that the Board had signed a Family Planning grant ure of the application at the beginning of the year, but there has Family Plan- since been a change in the administration of the funding. ning Grant The County will be receiving more money directly, instead of being held at the State level. She requested that the Board sign the document. MOTION: YOUNG moved that they sign the re-done grant because of the fact that some extra monies will be received by the State and have alterations to the Budget Committee for the Family Planning grant. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion John Rankin came before the Board and explained that they regarding have all the signatures on the final plat except the extension of Planning Director's, the Board's and the Road Department's. Squaw Creek He explained that they have several areas of the road that Canyon sub- need to be brought further up to specifications. He said division that they have bonded for the roads. He had a letter from BLM indicating that they had no objection to the use of these roads and a letter from the original owner stating that the road was built in the 1920's and 1930's and the road has been used by the public since that time. Neil Hudson said that the question the Road department had was whether or not this was a legal access road. He said they must verify and determine that they have the right to use that road. There is a technicality involved with BLM, based on their letter they recognize the road, however the don't officially recognize it. Mr. Rankin was not aware of this until the day before. They had assumed that since this road had been used as access for a subdivision created in 1967 that the road was a legal access road. Mr. Rankin requested an indefinite extension. Lou Dvorak, representing the applicant, suggested that they be granted an extension based on getting legal right of way from BLM. Mr. Rankin said that the road traverses some private prop- erty and they need to obtain a dedication for that portion of the road. It was suggested that they be granted a 10- month extension for the access requirement, but all other requirements must be complete by the original expiration date. MOTION: YOUNG moved to grant a 10-month extension for Squaw Creek Canyon subdivision, Addition 1, until March 1, 1982 for the road requirement. Chairman Paulson noted that March 1, 1982 is the new deadline for the road requirement, and it is an arbitrary date. It is anticipated that this will be enough time, however if there is a problem with BLM, additional time may be granted. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 5 of 6 .'Deschutes County Board of Commissioners r April 29, 1981 - Regular Meeting For Signature: MJP-79-65, Whitaker Craig Smith brought this before the Board for signature and approval. MOTION: YOUNG moved that Elmer Whitaker. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. There was some discussion partition. they approve MJP-79-65 for on the flag lot on this major River Forest Neil Hudson explained to the Board that they had approved Acres Special this agreement once before, but the road district did not Road District have funds available to have the work completed under the Agreement terms of the agreement. The district has since found a private party who agreed to finance the work, so they would like to enter the agreement now. They are now prepared to reimburse the County as soon as the work is done. The work they are requesting is to have cinders hauled and put on the roads. Rick Isham said that it is legal for the road department to do work of this nature for other governmental agencies, including special road districts. He has become aware recently that the private contractors object to this because they feel that the County is competing with them. MOTION: YOUNG moved that they approve the River Forest Acres Special Road District agreement. PAULSON: Second. It was pointed out that the County will recover all of their total cost. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Other Staff/ Commissioner Shepard said that he had had a telephone con- Public Con- versation with Bill Penhollow, Association of Oregon cerns Counties, during which he had been informed that there will be a meeting on the following Monday at 10:00 a.m. at the AOC office regarding interest. There is"currently_ a lawsuit filed against Grant County by a citizen because Grant County transferred interest into the General Fund. Chairman Paulson suggested that they authorize Rick Isham to attend that meeting and that they pay his expenses as he suggested. He will go for half the usual cost because he plans to be in that area on the preceeding weekend. They will pay half of the round-trip mileage. Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISS O RS obert C. Paulson, Jr Clay C Shepard A ert A. g 7- /ss Page 6 of 6