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2007-1106-Minutes for Meeting May 20,1981 Recorded 6/20/2007NANCYUBLANKECOUNTY OFFICIAL NSHIP, COUNTY CLERKOS ~J ~V~1.1106 COMMISSIONERS' JOURNAL 11111111111111111011111111 „ „l 06/20/2007 10:56:23 AM 2007-1f0d Do not remove this page from original document. Deschutes County Clerk Certificate Page XXI I 'E 0 ftlAir"A, 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 UESCHUTES COUNTY BOARD OF COMMISSIONERS t MAY 20, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner Young and Commissioner Shepard were also present. Amendments to There were no amendments to the agenda. the Agenda Final Hearing: Chairman Paulson opened the public hearing. Barry Smith, River Bend chief petitioner on this district, came forward. He Estates Spe- urged the Board to approve formation of the district and cial Road Dist.said that he would present to them at a later date names of individuals interested in serving on the District Board. Being no further comments, Chairman Paulson closed the public hearing. He then read aloud Order #81-208 in full. MOTION: SHEPARD moved to approve order #81-208. YOUNG: Second. Commissioner Shepard noted that Mr. Smith deserved much credit for his work in the formation of this-district. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Presentation Brent Lake, Land Conservation and Development Commission, of Acknowledg- came before the Board to present to Deschutes. County a ment Certifi- Certificate of Acknowledgement of the Deschutes County Com- cate from prehensive Plan. Mr. Lake read the certificate aloud. LCDC He-said that the County should be proud of the work that it has done on its plan, and further recognized the work that the Planning Department and the Board had done on the plan. Commissioner Young said that he does not accept the cert- ficate and felt that action should be taken to repeal the Comprehensive Plan. Commissioner Shepard expressed his appreciation to Mr. Lake for his help and work on this with the County. Discussion re- John Flowery and Herb Miller of Burlington Northern Rail- garding Rail- road came before the road to request an easement over road and=!LaPine,:County land near LaPine. Mr. Flowery expects to have 80-90 Industrial Park carloads of barley to be hauled on the railroad, and he needs to obtain sufficient access for trucks to be able to turn around. He has no plans of making any improvements to the access at this time. He has been working in con- junction with the LaPine Industrial Committee on this pro- ject. Marvin Russell of the LaPine Industrial Committee felt that the County should grant Mr. Flowery a lease to the land so his operation could work. Mr. Flowery said they plan to put up an elevator leg and silo at the site. He said that these structures would be on railroad land and not county land. Mr. Miller suggested giving Mr. Flowery a permit for right-of-way. There was some further dis- cussion. The Commissioners expressed some concern about conflicting uses of the property in regard to future expan- sion. MOTION: YOUNG moved that they negotiate a permit with Mr. Flowery for the designated 50 by 100 foot Page 1 of 5 Deschutes County Board of Commissioners May 20, 1981 Regular Meeting area that they need for a turn-around. SHEPARD: Second. Mr. Isham said that he would draft this document and that he would need a legal description. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion Mike Maier, Director of Administrative Services, came regarding before the Board. He explained that recently Lazy River funds for Vector Control District had approached the County regarding Lazy River borrowing sufficient funds to begin spraying until they Vector Con- obtained the levy funds in the fall. The County had been trol District able to do this for them in the past. Mr. Maier said that this had been requested in a letter from Rex Garrett, re- presenting the district. He had told Mr. Garrett that the County did not have enough money to do this again this year, but he told him that he would bring the matter before the Board. He requested a directive on this matter from the Board. There was some further discussion. MOTION: YOUNG moved that they don't loan money to any- body during their present financial state. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion Chairman Paulson explained that this had been placed on regarding the agenda because of the large number of requests for subdivision extensions they have been receiving. He asked for com- plats and ments from Rick Isham, County Counsel and John Andersen, partition. Planning Director. Mr. Isham that they adopt ordinance extensions provisions that give them authority with respect to ex- tensions to the extent that they feel it is appropriate. He said they should set the parameters for this. He then explained the hearing and adoption process that will be necessary. Mr. Andersen concurred with Mr. Isham's state- ments. There was some discussion between the Board on how they should arrive at setting time limits. There was some discussion on under what circumstances the Board should grant extensions. Dave Jaqua suggested that the Board consider having the applicant meet statutory criteria of (1) inadvertance, (2) mistake, or (3) excusable neglect. He noted that the City of Redmond's policy was that exten- sions were a matter of right as long as there have been no major changes in policy. Chairman Paulson suggested that they have Counsel give them a rough draft of what had been discussed for them to work with. He said that until fur- ther action is taken, no extensions should be granted. Discussion, of Craig Smith of the Planning Department gave some background Estension for on this. This request had been denied at a Board meeting MP-79-17_3,.__ of November 19, 1980 with only two commissioners present. Earl Hannen, No motion was made. Mr. Smith read aloud the minutes of applicant-- the meeting pertaining to the matter. After some further discussion, Chairman Paulson suggested that it may be ap- Page 2 of 5 beschutes County Board of Commissioners May 20, 1981 - Regular Meeting priate to discuss this after action has been taken on updating the partition ordinance in relation to exten- sions. There was some further discussion on why Mr. Hannen was requesting the extension, which was because of a mix-up with the Road Department. The Board agreed to contact Mr. Hannen when the ordinance had been updated, and further action on this matter will be taken after that time. Discussion Dave Jaqua came before the Board to discuss Primary Access regarding County Road Standards. He felt that this was a problem County Road that had been going on for some time. He had contacted Standards Gary Judd and had gone over the language with him and also within Sub- had discussed this with Craig Smith. He suggested that divisions the Board consider amending this ordinance when they are reviewing the others. This is in relation to one subdi- vision in particular. He said that because of the long hearings process that the ordinance must go through, this project will not be able to use the amended standards. He had intended to request an extension for the plat so that the amendment process could run its course. He sug- gested that the Board review the road standards quickly, and perhaps grant extensions based on the fact that the ordinance is in the process of being revised. Discussion This was not discussed at this time, as the paperwork re- of Grazing lating to this matter was not yet prepared. Lease Policy Discussion Mr. Isham explained t6 the Board that in the past, the regarding County's policy on this was to charge $150 to those re- Fees for questing a,,district formation or annexation, and whatever Special Dist- money was left after paying the Bulletin for publication ricts costs was refunded to the district. He suggested that because of the administrative costs involved with this, that a $250 non-refundable fee be charged. He felt that this would be adequate to cover the County's cost in administration. There was some discussion as to whether each district should be charged according to the time used for administrative work on an individual basis, or to charge the same fee for each district. It was agreed to charge a uniform fee. Mr. Isham said that he would draft an order to this effect for their action. Discussion re- Chairman Paulson said that this should be discussed after garding Exten- action is taken on the ordinance in regard to extensions. sion of a Con- He explained the hearings process to those representatives ditional Use of the church present. Permit for Bible Baptist Church Page 3 of 5 Deschutes County Board of Commissioners May 20, 1981 Regular Meeting Other Staff/ Chairman Paulson said that he had received a letter from Public Con- Nany Cushlon of the Department of Energy relating to an cerns application the County had submitted for funding of an energy study of the County buildings. He said that Des- chutes County's was one of four applications that had been approved for funding. He said that a committee will be formed to work with the Department of Energy. He said that an-.analysis and response from the.Bo.ard should be completed by September. The grant listed five people in the County who would be involved with this, they were: Chairman Paulson, Mike Maier, Betsy Shay, Neil Hudson and Doug Maul. Other Staff/ Commissioner Shepard said that the Board needed to discuss Public Con- the County budget levies, as both the A and B ballot failed cerns at the polls the day before. Chairman Paulson said that he and Mike Maier will work on developing a 6% budget, and the County has the opportunity to go before the voters again on June 30. He suggested that the Board meet with the members of the Budget Board as well as members of the Public Advisory Team to formulate a plan of action. After some discussion, it was decided to call a meeting for Tuesday, May 26, at 7:00 in the evening. Chairman Paulson said that he would contact the members of the Budget Board and the Public Advisory Team to notify them of this meeting. For Signature: Mr. Isham explained that this resolution set the date of Resolution for the upcoming County Auction, and declared the salable prop- Surplus Prop- erty surplus property. The resolution also appoints Darrell erty Sale Ferns as the Auctioneer, and states that all propery is sold on a strictly "as is" basis. MOTION: YOUNG moved to adopt the Resolution for Surplus Property sale, No. 81-043. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Mr. Isham noted that Chris Williams deserved recognition for the work that he has done in preparing for the auction. Commissioner Shepard said that the Board should send a note of gratitude to Mr. Williams. For Signature: John Andersen explained that this was a Temporary Services Contract with Contract between Deschutes County and Margaret Hayden for Planning De- Enforcement Officer services. This is effective for the partment for remainder of the Fiscal Year, which is six weeks. He noted Enforcement that Ms. Hayden has already been trained for this position, Officer and had formerly been employed by the County in this capa- city. He noted that it takes approximately two months to train someone for this position, so due to the limited time frame, they chose to hire Ms. Hayden instead of interviewing new applicants. MOTION: SHEPARD moved to approve the contract. PAULSON: Second. Commissioner Young said that he would not vote for this, as he does not approve of Ms. Hayden's tactics. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: NO. peschutes County Board of Commissioners May 26, 1981 - Regular Meeting For Signature: The first order for signature was 81-267, regarding Crest Orders 81-267 Ridge Estates. i. through 81-272 MOTION: ".SHEPARD moved to approve order #81-267. LID's YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. The Board agreed not to act on the order concerning Odin Crest LID at this time. Order #81-268 was for Dry Canyon LID. MOTION: YOUNG moved to adopt the Order. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Order #81-269 was for N.W. Teater Avenue in Lower Bridge Estates subdivision. Chairman Paulson read this aloud by title only. MOTION: SHEPARD moved to approve Order #81-269. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Order #81-270 was for Sunnyside Blvd. Chairman Paulson read aloud by title only. MOTION: YOUNG moved to adopt. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. There was an editorial error on Order 81-271, which Mr. Isham said that he would have corrected. Chairman Paulson read Order #81-271 by title only. MOTION: SHEPARD moved to approve Order 81-271 as amended. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Chairman Paulson noted that he owns property in this sub- division, and voted last to assure that his vote did not change the outcome of the Board's action. Being no further business, the meeting was adjourned. DESQJUTES COUNTY BOARD OF COMMISSION ert C. Paulson., Jr. /ss ay hepard / Albert A. Y Page 5 of 5