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2007-1105-Minutes for Meeting May 19,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,P000NTY CLERKDS vu `401~~10~ COMMISSIONERS' JOURNAL 4612017041 X4;56;73 AM 111111111111111111111111111 I III 2007-110'3 Do not remove this page from original document. Deschutes County Clerk Certificate Page ..•C~ L C f 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 MAY 19, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Shepard and Commissioner Young were also in attendance. Amendments to There were no amendments to the agenda. the Agenda Approval of Myer Avedovech came before the Board on behalf of the Juvenile Ser- Deschutes County Juvenile Services Commission to present vices Plan their present their completed Comprehensive Juvenile Services Plan. He said that this is the second time they have come before the Board to present their plan since November of 1980. He then introduced some of the members of the Juvenile Services Commission who were present. They were: Nell Heare, Jim Verhoef, and Jerri Shutte. He briefly outlined the funding of the program for the coming fiscal year. He said that they are recommending the continued implementation of three already existing programs. Those programs are the First Offender Intake program, the Family Crisis program, and the Alpine Youth Center in Sisters. He also gave a brief account of the benefits and functions of each program. He explained that the Alpine Youth Center in Sisters has been required to obtain some community funding and they will not be funded by the Juvenile Services Com- mission next year. It is hoped that they will be able to obtain community funding as it is already established. He explained that the Juvenile Services Commission has tried to fund new programs, but once they are established they are asked to seek funding elsewhere so that the Commission funds can be utilized to initiate new programs. He said that the Juvenile Services Commission will be meeting in Bend on the 18th of June in Room A of the Courthouse Annex. He said(;that they anticipate being funded by the first of July. He thanked the Commission members for all the work they had done in putting the Plan together. They will submit the Plan to the State on May 20. Chairman Paulson also expressed appreciation on behalf of the County for the Commission's work in the preparation of the Plan. He then read order #81-260, approving the Juvenile Services Comprehensive Plan for 1981-82 Fiscal Year, aloud by title only. MOTION: SHEPARD moved to approve Order #81-260. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Remonstrance Chairman Paulson opened the hearing for Crest Ridge Hearings on Estates L.I.D. He called for the staff report. Neil L.I.D.'s Hudson, Director of Public Works, said that they had received no remonstrances on this LID. There were no comments from members of the audience. Chairman Paulson closed the hearing and directed County Counsel to pre- pare an Order for approval of the LID. Chairman Paulson opened the hearing for Dry Canyon LID. Gary Judd, Public Works Department, said that one remon- Page 1 of 6 Deschutes County Board of Commissioners May 19, 1981 - Regular Meeting strance.had been received for Dry Canyon LID. The one remonstrance represented 8% of the vote. The vote was determined on an acreage basis. There were about ten remonstrances sent out in total. There were no comments from the audience. Chairman Paulson suggested that prior to any action on this, they check their files. Chairman Paulson closed the public hearing. Chairman Paulson opened the hearing for Odin Crest LID. Mr. Judd gave the staff report. He said that one re- monstrance letter had been received from an individual who owned eight lots. That constituted 15% of the vote. Lawrence Irwin, representing Del Mills came forward. Mr. Irwin asked Mr. Judd why it was determined that Mr. Mills was only credited with eight lots. Mr. Judd replied that they only counted the lots that faced Reimer Road. He added that Pat Gi-er.1:~r was the person who intitated the petition. He said that there1were only two property owners involved, Mr. Mills and Mr. Easler. Mr. Mills came forward. He said that when he subdivided his land, he was required to improve the access road. He said that Mr. Gelder had subdivided his property and instead of making the improvements himself, he was using the LID to make Mr. Mills participate in the cost of the improvement. He felt that this was unfair and expressed his objections. He had received a letter dated May 13, 1981 from Dan VanVactor which he read aloud before the Board. He said that the condition of approval for Mr. Giesler': subdivision requires him to pave the access road at a cost of $20,000. He felt that by doing it through the LID, he would have to share in the cost. He said that the improvement of the road would not increase the value of his lots. There was some discussion on this between the Board and County Counsel. Counsel said that the Board could take no action on this matter at this time and ask the Engineer to review his report, they could require a new filing or a petition for an LID or they could determine that there is in fact benefit based on the engineer's report. There was some further discussion. Counsel recommended continuing the discussion until the following Tuesday's meeting. MOTION: YOUNG moved that the Hearing on Odin Crest be continued until Tuesday, May 26. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Mr. Isham said that he will contact all parties involved to notify them of the hearing. Chairman Paulson opened the hearing for Lower Bridge Estates LID. Mr. Judd said that they had received no remonstrances on this. He added that this was all owned by one person. There were no comments on this from the audience. Chairman Paulson closed the hearing and directed County Counsel to prepare an order of approval. Page 2 of 6 Deschutes County Board of Commissioners May 19, 1981 - Regular Meeting Chairman Paulson opened the hearing for Sunnyside LID. Mr. Judd said that this was under single ownership and no remonstrances had been received. Mr. Isham, County Counsel, stated that Paul Buchanan had indicated that there was an error in the tax lot numbers used to describe the LID. Mr. Hudson said that they had used tax lots in their description but they must also provide a meets and bounds description. He said that this problem had been taken care of. There were no comments from the audience. Chairman Paulson closed the hearing and directed Counsel to prepare an order of approval for the LID. Discussion re- Bruce Knowlton briefly explained the circumstances of garding exten- the application. He saidithat the Conditional Use permit sion of Condi- is good for a period of 12 months, and during that time tional Use the applicant must begin construction. He said that they Permit for had not yet begun construction because of lack of funds. Bible Baptist He stated that when this application was before the Hearings Church Officer it had received some opposition from neighbors. Chairman Paulson calked for other comments. Pastor Fayer of the church said that they were not aware of the time limit until recently. After some further discussion, Commissioner Shepard suggested that this item be delayed until they have discussed the matter of extensions in detail at the following day's meeting. MOTION: SHEPARD moved to continue this item until tomorrow~:i PAULSON: Second. Commission Young said that he sees no need for a contin- uance. He felt that the Board could decide on this matter at this time since the ordinance is silent with respect to extensions. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. Discussion Commissioner Young briefly explained that they are having with Terre- a problem in regard to boundaries. Chairman Paulson read bonne Con- aloud a letter from the Terrebonne Concerned Citizens cerned Citi- dated May 18, 1981. They are petitioning the County to zens ascertain the extent of the failing septic tank systems in the area. They feel that the County should require a sewer facilities plan for Terrebonne. They are also seeking a waiver of the DEQ rule requiring them to fill dry holes. Dick Nichols of DEQ was present. He said that TCC has been trying to collect local funds to do a facilities plan for EPA funding. He said that is sounds like there are a substantial number of failing systems in the area. He said that if there are a lot of failing systems that would create a need for a sewer system. He said that the suggestion is that the County proceed with a community standards survey. He said that in the current contract between DEQ and Deschutes County there is nothing addressing a matter such as this one. He felt that the County was obliged to do this if there was found to be a hazard. Jay Langley, Environmental Health Department, said that their department does not have the Page 3 of 6 beschutes County Board of Commissioners May 19, 1981 - Regular Meeting time to conduct such a survey at present. Mr. Nichols said that they would be allowed to use subsurface fees to conduct this study. There was some further discussion. Chairman Paulson suggested that in the upcoming contract between DEQ and the County that this be a shared respon- sibility. Mr. Nichols said that he would get together with John Glover to discuss the matter and come back before the Board after that time. Discussion Earl Nichols, Society of American Foresters, came before with Earl the Board to invite them to participate in a tour being Nichols re- planned for the community leaders to look at what's going garding Tour on in some of the forest areas. They have not yet Presentation selected a date for the tour, and would first like to for Society see when would be a convenient time for the Board to of American attend. He briefly described what was planned for the Foresters tour and how they relate to current events in forestry. They expect the tour to run from 9:30 in the morning until 3:30 in the afternoon. He suggested holding the tour on the 27th of June, a Saturday. The Board suggested that they hold it on the 26th, a Friday, which was more convenient for the Board. After some brief discussion, they decided to call Mr. Nichols the next day to confirm a date. Discusison of Mr. Hudson explained that this was the same as had been Solid Waste outlined in his memo to the Board of May 18. It would budget change the total Solid Waste budget figure from $85,000 to $91,000. This change is requested because the money is available from receipts. Their receipts have been coming in as budgeted. The expansion of their budget will enable the landfills to operate longer hours, which will insure the continued incoming receipts as budgeted. MOTION: YOUNG moved that the maximum expenditure be increased from $85,000 to $91,000. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. There was some minor discussion of illegal dumping that had been taking place. Discussion of This was a request to allow the Road Maintenance crew 4-10 shift to go to a four-day, ten-hour per day work week. Mr. for Road .Main- Hudson explained that this would be on a trial basis. tenance Crew This was as outlined in his memo to the Board dated May 18. They want to run all of the road crews this way in addition to one secretarial support person. This will save some overhead by only going to the work site once instead of twice. Chairman Paulson suggested approving this with the understanding that this is a pilot project subject to reversal. MOTION: SHEPARD moved to approve this on that basis. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 4 of 6 Deschutes County Board of Commissioners r May 19, 1981 - Regular Meeting Discussion of Dick Carlson came before the Board to request County Request to help in improving Forbes Road.. He is currently involved Improve Forbes in a project to construct a bowling alley near this road. Road The Hearings officer has required that this road work be done before he constructs his bowling alley. Mr. Carlson explained the work that had to be done. The road will have to have a widened curve to allow tur.n..lanes_for trucks at the intersection with the highway. He said that the State will help with some of this construction. Forbes Road is a County road so he is requesting the county's assistance in improving it. Mr. Hudson said that the Road Department may be able to supply men and equipment, but no funds-to supply materials for the job. Mr. Carlson said that he would like to request the county':; cssistance with men and equipment. He said that the reason he is making the request is that he already made improvments to Forbes Road four years ago, but since that time the criteria for improvement has changed. Mr. Carlson also mentioned that at one end of Forbes Road a hazard exists where it meets the highway. He discussed alternate routes for that end of the road, where right''-of-way exists. Commissioner Paulson expressed concern about it being proper for the County to assist in such an improvement, as they had not assisted others who had been required to improve county roads. Commissioner Shepard felt that if a hazard exists at that road, it may be appropriate for the County to work to allieviate the hazard. Mr. Carlson pointed out that this would be a chance for them to rectify a hazardous situation with the aid of State Highways help and his own. There was some discussion on this as it relates to the Hearings Officer's appeal period. Mr. Isham said that the Board could not make a decision on expending funds until they go through an establishment procedure. This would first require that dedications be obtained with establishments following. 11:30 a.m. As the regular agenda business had not yet been completed, Executive it was agreed to postpone the Executive Session scheduled Session for 11:30 a.m. to 1:30 p.m. Other Staff/ Mr. George Spencer came before the Board regarding Senate Public Con- reapportionment. He said that he and Jane Fowler had gone cerns to Salem and met with the Senate Reapportionment Committee. They were unable to meet with them at that date, and were asked to come back on Thursday, the 21st. He said that while they were there, they observed that there was a lot of opposition to the reapportionment plan. Forest Grove will be effected in the same way the Bend will, with the cities being split. He said that many local public officials from Forest Grove had come before the Committee and Mr. Spencer requested that one of the Commissioners also appear before the committee. Chairman Paulson said that he had been in contact with Ms. Fowler regarding this matter. He said that they would be unable to make a commitment at this time, but if one the Commissioners would be available he would call Ms. Fowler to let them know. Page 5 of 6 .Deschutes County Board of Commissioners May 19, 1981 - Regular Meeting For Signature Craig Smith, Planning Department, came before the (a) MP-80-116 Board for final approval and signature of MP-80-116, Patricia Brabham, applicant. He explained the details of the application and indicated the location of the subject property. MOTION: SHEPARD moved to approve MP-80-116. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. (b) MP-81-2, Mr. Smith brought MP-81-2 before the Board for final Clifford approval and signature. Stallings, MOTION: SHEPARD moved to approve MP-81-2, Clifford applicant Stallings, applicant. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. MP-81-21, Owen Larkin, applicant and MP-81-23, John Howell, applicant were not ready for signature at this time. (e) Order Chairman Paulson read this order by title only. #81-262, MOTION: SHEPARD moved to approve Order #81-262. Transferring YOUNG: Second. funds within VOTE: PAULSON: AYE. the General SHEPARD: AYE. Fund YOUNG: AYE. Being no further business, the meeting was adjourned. DESCHUT„-S COUNTY BOARD OF COMMISSIONERS ~ / 6tkA ~I~KL 6 - Robert C. Paulson, Jr., Chairman Clay C. S epard, Commis oner Akbert A. Young, SGq(mmissrojer /ss Page 6 of 6