2007-1123-Minutes for Meeting July 01,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 701■iiZ3
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 46/20/200 11:04:32 AM
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Deschutes County Clerk
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
JULY 1, 1981 - COURTDAY
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 items listed on an attached sheet. Rick
the Agenda Isham said that he would like to add the budget orders
reflecting the year-end transfers and appropriations,
an order for the distribution of land sales funds, a
letter on the Walker appeal decision and a letter on the
Ridgetop subdivision decision, and a discussion of a
land exchange with Special Road District #1. He requested
that they sign the budget orders Nunc Pro Tunc as of June
30, 1981.
MOTION: SHEPARD moved to approve the amendments to the
agenda as listed.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Second Reading Betsy Shay, Planning Department, came before the Board
on Bend Urban arid'briefly explained the history of events in the adoption
Area Phase II of this ordinance. Chairman Paulson said that a new hearing
Sewer Boundary has been requested.
Deschutes Co. MOTION: YOUNG moved they cancel the second reading of
Ordinance #81- the ordinance--#81-019 and sett a hearing date on
019 the matter.
SHEPARD: Second.
Mike Kment, Central Oregon Builder's Association, came
forward. He said that he is in support of the motion.
He said that there was a severe lack of public input and
that they did not have the opportunity to make some con-
cerns known. He said they formally request a public
hearing.
Paul Ramsey, Avion Water Company, came forward. He said
that for people residing outside of the city, it will cost
them between $6,500 and $10,000 to hook up to the sewer,
and he felt that the affected citizens had not been made
aware of the high cost, as opposed to the cost paid by
those living within the city. He asked that there be an
evening meeting, to allow more people to attend. He said
that those in the Phase II sewer boundary will pau 400 of
the treatment plant costs and the intersector lines.
Paul Speck, representing Ray Springer and others, came
forward. They are requesting the the Commissioners hold
another publio hearing. One of his objections was the
lack of any specific implementation methods as they apply
to the Urban Growth Boundary.
There was some discussion
hold the meeting Thursday
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
by the Board. They agreed to
evening, July 16, 1981.
Page 1 of 10
'Deschutes County Board of Commissioners
July 1, 1981 - Courtday
MOTION: SHEPARD moved that they set the hearing for
July 16 at 7:30 p.m, in Room A of the Courthouse
Annex. This will be a new hearing and first
reading of Ordinance #81-019.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Public Hearing Rick Isham, County Counsel, explained that on February
Proposed Way 18, 1981 they received a petition to establish a way of
of Necessity necessity. He went over briefly the background of this
for Linda E. action:. He discussed the procedural events leading up
Johnson to this point. He listed the contents of the file at
this point and submitted it into the record. Next, he
went over the contents of the engineer's report. He said
that they have not been able to find out how one of the
Johnson parcels was created. He then showed the Board
photographs of the proposed way of necessity. Mr. Isham
then requested the Board to director any person wishing
to submit any written,or oral evidence to indicate where
that evidence fits into the contents of the order.
Chairman Paulson opened the public hearing. Bob Lovlien,
representing Linda E. Johnson, came .forward. He first
discussed why the way of necessity was necessary. He
showed the Board the tax lot map for Township 14 Range 11.
The two subject lots are tax lots 6100 and 6101. He showed
how access used to be to the property. Because of a canyon,
he said that there was no way they could obtain a permit
from BLM to cross adjoining property owned by them.
He said that the bridge that they had been using with the
old route had been removed. He said that the tax lots
were e:stablish.ed before Ms. Johnson bought this land eight
years ago. He said that this was not a self-created dif-
ficulty because the purchase owner had only owned these
lots and no others. He said that the best access is across
the Raimondi property, He said that they do not feel that
a 30' wide access is necessary, that 15' would be adequate.
He said that the way of necessity would be the existing
access and existing easement for another tax lot. He
said that the access provided by Sabrina would be their
best access. He said that if any restrictions are to be
placed on the access, they not restrict anything that is
allowed in the zone. He said that they are willing to
compensate the Raimondi's in the amount of $500 for the
easement across his property. The will also pay a
reasonable attorney's fees for the Palfry's. He also had
a letter dated January 11, 1981 from thelr.Huttenhoff's,
who.hold the current easement across the Raimondi prop-
erty, saying that they have no objection to allowing
Ms. Johnson to share that easement.
Next, Harold Gellis, representing the Palfry's, came
forward. He said that he felt that this was the taking
Page 2 of 10
Deschutes County Board of Commissioners
July 1, 1981 - Courtday
of property. He explained what property owned by the
Palfry's was involved, explaining that they also own
Desert Sands Arabian Ranch. He said that the Desert
Sand Arabian Ranch Corporation was not contacted as an
affected party. He said that the County must notify
all affected parties. He said that another procedural
problem was that the Johnson parcel, tax lot 6101, is
actually in the possession of another party named
Bothem, who now reside there. He said that they are
not being made party to these proceedings. Another
procedural problem is that the application is only by
one person. Originally, Linda E. Johnson was the only
applicant but along the way other people have been
added. He said that the Baker's are now a party to
this. He questioned the use of this route, saying that
they had used another route for some years, and that the
bridge still remains. He said that the irrigation dist-
rict has put a chain across the bridge, so they have
decided not to challenge this, but instead get an easy
way in and out on a paved road that they did not pay for.
He said that if the old route had been used for so long,
it must be assumed that some kind of an arrangement had
been made, he suggested that this arrangement be renewed
so that they could continue to use the old access.
He said that the applicant had offered the Palfry's $1,000
for a right-of-way, which they denied, but if this is
granted they won't pay anything. He explained the course
the proposed route would take, saying that it would go
near the Palfry home. He said that in 1977 Linda Johnson
made an illegal partition. He said that Sabrina and
Fadjur Lanes were constructed at a cost of $75,000. He
-said that it would be unjust enrichment to give the
Johnson's this roadway. He suggested that the compensation
for access through Sabrina should be about $10,000 plus
the legal expenses.
Next, Robert Raimondi came forward. He said that he is
in opposition to the way of necessity. He said that 15
feet of roadway would have to be recut. He said that
the parties living at 6101 have been using his driveway
for about six months. He said that they should be made
partially responsible for maintenance. He said that he
doesn't feel that $500 is just compensation. He felt
that $&,000-$9,000 would be just compensation.
Bob Lovlien again came forward. He said that the reserve
strip was not owned by Desert Sands Arabian Ranch. He
said that the Johnson's have not transferred ownership
to the Bothem's, but they have entered into an earnest
money agreement. He said that there are now miscellaneous
buildings and a barn on the property but no residence has
been built. He said that the property is only worth $24,000,
so he did not feel that $20,000 would be a just compen-
sation. He said they would be willing to pay the Palfry's
attorney's fees and $500 to the Raimondi';s.
Page 3 of 10
Deschutes County Board of Commissioners
July 1, 1981 - Courtday
Budget Orders
reflecting the
year-end trans-
fers and ap-
propriations
Res. for the
distribution
of Land Sales
Funds
Mr. Raimondi again came forward. He said that there
was definitely someone living on the property. He
said that they have not attempted to get a permit to
cross BLM land.
Chairman Paulson said that this should be continued
fb.r one week because there are too many questions that
don't have answers. There was some:further discussion.
Mr. Isham suggested that they continue the hearing
and request the interested parties to respond to the
ownership question of the reserve strips and explain
how that effects the Board's decision on this matter.
He suggested that they continue it until July 8, with
both parties having the opportunity to respond.
MOTION: SHEPARD moved to continue the hearing until
July 8.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Rick Isham explained these to the Board. He noted a cor-
rection, that being that the title of Res:. #81-047 should
reflect a figure
MOTION: SHEPARD
YOUNG:
VOTE: PAULSON:
SHEPARD:
YOUNG:
of $50,000.
moved to approve Resolution #81-047.
Second.
AYE.
AYE.
?AYE.
Next, Mr. Isham brought Orders #81-282, 283, 284 and 285
before the Board. He briefly explained these.
MOTION: SHEPARD moved to approve Orders #81-282-285
Nunc Pro Tunc as of June 30, 1981.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
This was Resolution #81-050. Mr.
He said that this was a new fund.
MOTION: SHEPARD moved to approve
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Isham explained this.
Resolution #81-050.
Rick Isham brought Resolution #81-287 before the board
for their approval. He explained the resolution briefly.
MOTION: PAULSON moved to approve order #81-237 amended
to remove #J and move that amount to the top
of the second page.
SHEPARD: Second.
VOTE: PAULSON: AYE.
c7SHEPARD: AYE.
YOUNG: NO.
Page 4 of 10
Deschutes County Board of Commissioners
c~ July 1, 1981 - Courtday
Discussion of
After some brief discussion by the Board, Chairman Paul-
impact of the
son called for comments. John Glover, Environmental
6/30 election
Health, said that the 9:00 to 3:30 proposal is not in
and setting
the best interest of his department. He prefers that
the hours for
working hours for his department would be from 8:30 to
County Oper-
4:40 five days per week. Staff would work eight-hour
ations
days, accumulating one day off every two weeks. Ken
Glantz, Building Department said that he would also
like to be open from 8:30 until 4:40 daily. Judge
Edmonds asked what his department will be asked to do.
It was the Board's concensus that their hours should be
left up to the Courts. Helen Rastovich, County Treasurer,
said that she felt that the hours should be uniform
throughout the County to avoid confusion. Rosemary
Patterson, County Clerk, said that she is willing to
stay open Fridays, if the decision is made to run on
four nine-hour days per week.
MOTION: PAULSON moved that the hours for the County open
to the public refer to all general fund departments
for 8:30 a.m. to 4:40 p.m. Whether they are open
during their noon hour is up to their discretion.
Every person will be working 36 hours per week
unless there is an exception.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: PAULSON moved that the jail, Home Health, Mental
Health, Library, Road Fund, Solid Waste and
Sheriff's Department, that those departments be
allowed to work a 40-hour week, five days per
week.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: PAULSON moved that the Circuit Court have its
personnel budget amount reduced by 10% and that
the hours of operation and how the remaining
personnel funds are to be spent are to be left up
to the Circuit Court Judges. This motion applies
to Deschutes County's contribution.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Lou Selken, District Attorney, asked that they keep his
office's hours the same as the Courts as they work so
closely together. Chairman Paulson said that this would
work, it does not conflict with his previous motion.
It was the unanimous concensus of the Board to
incorporate the Watermaster's department into
the motion for the Courts.
Page 5 of 10
Deschutes County Board of Commissioners
July 1, 1981 - Courtday
MOTION: PAULSON moved that the personnel in the Veteran's
office be notified that as of two weeks from today
that the County funds for that operation will be
withdrawn with the understanding that the County
will pick up our share of what remains for the
next two weeks.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Commissioner Young explained that on these items where
funding was voted down by the people, he felt that if the
Budget Committee were to be called into session, other
items could be reduced to the point where these could
be funded.
Other Staff/ There were none.
Public Con-
cerns
At this.time the meeting recessed, to reconvene at 2:00 p.m.
The meeting reconvened at 2:28 p.m. Commissioner Young was absent, Chair-
man Paulson and Commissioner Shepard were in attendance.
Discussion
Bob Shimek, Century West Engineering, came before the Board.
regarding
He said that they are working with Terrebonne Concerned
Terrebonne
Citizens who are seeking federal assistance for an EPA
Water Study
funded facilities plan study for the Terrebonne area.
He explained what that entails. He said that Terrebonne
has been at or near the top of the DEQ priority list
because of the use of drill holes. They are asking spon-
sorship from the County for the grant application.
He said that this only requires the County's endorsement
of the application. Terrebonne Concerned Citizens is
offering the cash equivalent of the local funds, all that
is required from the County is their O.K.
MOTION: PAULSON moved that the County sponsor the grant
application to DEQ with Century West and Terre-
bonne Concerned Citizens doing the legwork and
paperwork on it, the County direct Chairman Paulson
to sign the application.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Discussion re- MOTION: SHEPARD moved that they appoint Frances Penderoy
garding ap to the Central Oregon Housing Authority Board of
pointment to Directors.
Central Oregon PAULSON: Second.
Housing Auth- VOTE: PAULSON: AYE.
ority SHEPARD: AYE.
YOUNG: ABSENT.
Page 6 of 10
Deschutes County Board of Commissioners
July 1, 1981 - Courtday
Request for At this
Refund to Dona
order #81-280 At this
recting
Alcohol
of June
MOTION:
VOTE:
time, the Board approved a request for refund
Ld L. Parton.
time the Board considered order #81-280, cor-
the expenditures in the 953 Grant Fund and the
Fund. This was to be signed Nunc Pro Tunc as
30, 1981.
SHEPARD moved to approve.
PAULSON: Second.
PAULSON: AYE.
SHEPARD: AYE.
YOUNG: PBSENT.
Order #81-281 At this time the Board considered Order #81-280, in the
the matter of Implementation of the Deschutes County
Juvenile Services Comprehensive Plan for 1981-82.
Chairman Paulson read this aloud by title only.
MOTION: SHEPARD moved to approve Order #81-281.
PAULS,ON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Resolution to This was Resolution #81-049. Chairman Paulson read the
name a public resolution aloud in part.
road Hurtley MOTION: SHEPARD moved to approve Resolution #81-049.
Ranch Road PAULSON: Second.
(all of) VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Letter regard- This was in regard to an appeal on Z-80-36, Donald Walker,
ing the Walker applicant. Chairman Paulson read this memo dated July 1,
appeal decisionl981, addressed to Donald Walker. Chairman Paulson sug-
gested that one portion of the text be changed to read
"economic farm unit". There was no further discussion.
MOTION: PAULSON movedr;.that we approve the written decision
dated July 1, 1981 addressed to Donald Walker with
the change previously indicated.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Order #81-287 At this time, the Board considered order #81-287, an order
to transfer and distribute certain monies from the Land
Sale Fund. Mr. Isham briefly explained this. He said
that this changes distribution of the land sales fund
so that they take the normal loo and funds the transfer of
maintenance funds.
MOTION: SHEPARD moved to approve Order #81-287.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Page 7 of 10
Deschutes County Board of Commissioners
July 1, 1981 - Courtday
This order was approved Nunc Pro Tunc as of June 30, 1981.
Discussion re- Chairman Paulson read aloud a memo from John Andersen,
garding Subdi- Planning Director, regarding this ordinance. Mr. Isham
vision/Parti- then went over what was contained in the ordinance.
tion Extension There was some further discussion.
Ordinance MOTION: SHEPARD moved that they refer the proposed ordin-
ance #81-024 to the Planning Commission for
their consideration and recommendation.
PAULSON: Second.
Dave:Jaqua was-.pres-ent_to comment on the extension ordin-
ance. He suggested:-that the pre-July requests for exten-
sions also be considered for request under this ordinance.
He suggested some kind of grace period, perhaps 30 or 60
days from the date of adoption.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
MP-81-34, Craig Smith, Planning Department, brought this before the
Tumalo Irrig- Board for signature and final approval. He briefly ex-
ation District plained the details of the partition.
MOTION: PAULSON moved to approve MP-81-34.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
MJP-80-32,
Craig Smith brought this before the Board for signature
Gilchrist,
and final approval.
Swarens and
MOTION: PAULSON moved to approve
MJP-80-32.
Gainsforth
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Final Plat
Mr. Smith brought this before the
Board for signature and
#621, Bright-
final approval.
enwood V
MOTION: SHEPARD moved to approve
Deschutes County Plat
#621, Brightenwood V.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
MOTION: PAULSON moved to approve
the Declaration of Ded-
ication and warranty deed on MJP-80-32.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Page 8 of 10
;Deschutes County Board of Commissioners
July 1, 1981 - Courtday
Resolution At this time the Board considered Resolution #81-051,
#81-051 a resolution making interim appropriations for operations
for the 1981-82 fiscal year. Chairman Paulson read the
resolution by title only.
MOTION: SHEPARD moved to approve Resolution #81-051.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Letter re-
garding Ridge-
top Subdivi-
sion Decision
Mr. Isham had prepared this letter for the Board's approval
at this time.
MOTION: SHEPARD
Gary P.
PAULSON:
VOTE: PAULSON:
SHEPARD:
YOUNG:
moved that they sign the letter to
McMurray, Esq, dated July 1, 1981.
Second.
AYE.
AYE.
ABSENT.
Land Exchange Mr. Isham explained that some time ago the Board had received
with Special a letter from the district requesting the exchange of one
Road District lot in Deschutes River Recreation Homesites for another
#1 owned by the County. In their letter, they state that each
lot is of equal value. He said that he had prepared a res-
olution and notice that must be published four times in
the Bulletin. He showed the lots in question on a map.
This only sets the hearing for objections.
MOTION: PAULSON moved to approve the resolution.
(Resolution #81-048).
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: ABSENT.
Other Staff/ Rick Isham requested that four hours per week be charged
Public Con- against the land sales fund so that his office could re-
cerns main open 40 hours per week. This would include himself
and Jan Cangie. There was some further discussion. Mr.
Isham said that he would submit a written request and it
would be discussed at another meeting.
Other Staff/ Dave Jaqua came before the Board to request that the
Public Con- Board consider the Canyon. Ranch Estates subdivision from
cerns the Brewers. Fie gave a brief history of the plat. They
are asking that the plat be signed. It had taken five
months to receive Sanitation approval, which is much longer
than usual. They had submitted it to Sanitation for ap-
proval one week before the expiration date. The check
was dated the last day of the approval. After some further
discussion, Chairman Paulson said that he was not prepared
to vote in favor of it. Mr. Jaqua asked that this be con-
tinued to another date. It was agreed to continue the mat-
er until -4uly 8.
Page 9 of 10
J
;'Deschutes County Board of Commissioners
July 1, 1981 =•Courtday
Being no further business, the meeting was adjourned.
COUNTY BOARD OF COMMISSIONERS
Albert A. Young, Commissioner
/ss
Page 10 of 10