2007-1126-Minutes for Meeting July 08,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ ~007~~~~6
NANCY BLANKENSHIP, COUNTY CLERK 1iV V
COMMISSIONERS' JOURNAL 0612012007 11:04:31 AM
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2007-1126
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DES'CHUTES COUNTY BOARD OF COMMISSIONERS
JULY 8, 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 amendments to the agenda as listed on an
the Agenda attached sheet.
MOTION: SHEPARD moved to amend the agenda.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Hearing on Carol Wells-Connell, Redmond Planning Director, came
Redmond Plan- before the Board to discuss the Redmond Planning and
ning & Zoning Zoning Ordinance amendments. She was also present to
Ordinance answer questions during the hearing.
Amendments
c;
Chairman Paulson opened the public hearing. He noted
that this hearing had been continued from June 30, 1981,
7:00 pm meeting of the Board of Commissioners and the
Redmond.City Council. He said that the tapes of that
meeting and all written documentation would be made a
part of this hearing and a part of the record. Ms. Wells-
Connell agreed to submit a copy of the tapes and minutes
of the meeting into the record. She then briefly went
over the contents of the amendments. This included a
contract with the Hearings Officer and a management agree-
ment. She then went over the textual amendments. She
then discussed a zone change currently taking place and
handed out to the Commissioners a map relating to that
change. She said that this area had been zoning high-
density residential accidentally, and--was changed=_back
to M-2 Industrial. As a result, they had to add additional
R-5 zoning to facilitate the plan. She indicated on the
map where this additional R-5 zoning had been placed.
She said that the County needs to consider the rezoning
from R-5 to M-1 because part of this is in the County.
She also explained the site a design review criteria
that had been added.
Chairman Paulson called for further testimony. There
were no further comments. Ms. Connell said that they
expect to make a decision on this at their next Tuesday's
City Council meeting. Chairman Paulson closed the public
hearing.
Discussion re- Rick Isham, County Counsel, asked that this be continued.
garding Graz- He said that he would reschedule this item at a later date.
ing Lease Po-
licy
Award of Bids The Board was in receipt of a memo from Neil Hudson, Dir-
for Radio ector of Public Works, dated July 2, 1981 regarding the
Repeaters award of bids for radio repeaters. The recommendation
from Mr. Hudson was that the Board award the Rheinholdt
Communications in the amount of $11,739. He said that
four bids had been received, two of those were not res-
ponsive. Commissioner Young said that he had received a
Page 1 of 8
Deschutes County Board of Commissioners
July 8, 1981 - Regular Meeting
call from someone representing Johnson Communications
who had complained because Rheinholdt TV and Communica-
tions wrote the specifications. Mr. Hudson responded
that they had requested a 90-100 watt unit, and Johnson's
had bid a 75 watt unit.
Richard Oberdorfer, Wester Radio Equipment, came forward.
He said that on :their analysis of the bids, they were
the only ones that met specs.
MOTION: SHEPARD moved that they award the bid to Rhein-
holdt TV and Communications in the amount of
$11,739 as recommended by Neil Hudson, Public
Works Director.
PAULSON: Second.
Chairman Paulson then withdrew his second to the motion
and called for another motion disqualifying the other
bids. Commissioner Shepard withdrew his motion.
MOTION: SHEPARD moved that they declare Johnson Commun-
cation's bid and Motorola Communications and
Electronics bid not responsive because they pro-
vide for 75 watts as opposed to 90 watts, and
for that reason they reject the bids from John-
son and Motorola.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
MOTION: SHEPARD moved to award the bid to Rheinholdt TV
and Communications in the amount of $11,739.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Commissioner Young said that he was concerned because the
person who wrote the specs is being awarded the contract.
Chairman Paulson responded that this was common practice.
Discussion Neil Hudson said that they need to adjust their fees at
regarding Sol- the landfills to generate enough money to run Solid Waste.
id Waste Fees He had sent the Board two memos regarding this. One of
those contained the recommendation of the Solid Waste
Advisory Committee. $692,000 is the amount needed to run
Solid Waste. Mike Maier, Director of Administrative Ser-
vices, said that the Board will be presented with the
final order on July 21.
MOTION: YOUNG moved that they adopt the fee recommended
by the Solid Waste Advisory Committee. Effective
date for these fees shall be Monday, July 13.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 2 of 8
Deschutes County Board of Commissioners
July 8, 1981 - Regular Meeting
For Signature: Chairman Paulson read aloud Ordinance #81-027 by title
orders #81-027,only.
28 and 29 . MOTION: YOUNG moved to adopt. -
amending PL-15 SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson read aloud Ordinance #81-028 by title only.
MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Chairman Paulson read aloud Ordinance-481-029-by-title
only.
MOTION: YOUNG moved to adopt.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Continuation Chairman Paulson opened the hearing. Larry Baker, purchaser
of Linda John- of tax lot 6100, came forward. He is the one who needs
son Way of access to his parcel. He showed on a map the most feasible
Necessity access. At the time he purchased the parcel they were using
Hearing a BLM road and were not aware that this was not theirs to
use. He said that the Palfy's cross his property with
a cinder road and he has not objected. He felt that now
that they are in need of an access across their property,
it is only fair that this be granted.
Robert Raimondi said that Ms. Johnson had sold 40 unim-
proved acres, and when she entered into that she led the
buyer to believe that she had access to the property. He
said that this comes down to a question of equitable re-
numeration.
Robert Lovlien, attorney representing Ms. Johnson, then
submitted to the record a chain of title on the Johnson
property.
Bonnie Palfy asked about maintenance bf the road. Mr.
Baker said that he felt that it should be shared.
Chairman Paulson said that there is a right of appeal
to Circuit Court. He then closed the hearing.
Mr. Lovlien said that the reserve strips belong to the
County and not to the private individual. There was
some further discussion. Mr. Raimondi requested $8-9,000
for the easement, and $10,000 for the Palfy's reserve
strip. Mr. Lovlien said that Ms. Johnson is willing to
pay $500. Chairman Paulson suggested that an appraisal
be done on this.
Page 3 of 8
Deschutes County Board of Commissioners
July 8, 1981 - Regular Meeting
MOTION: YOUNG moved that the Way of Necessity be
allowed on Sabrina Lane to the southwest corner
of tax lot 600 or the northwest corner of tax
lot 2700 and to follow the easement across
tax lot 2700 which is already there, it would
bring it to the corner of 6101 would have access
off of that corner into that property with
$500 compensation.
There was
some discussion on compensation. The motion
died for
lack of a second.
MOTION:
PAULSON moved that the application be denied.
The motio
n died for lack of a second.
MOTION:
SHEPARD moved that they set a new hearing for
July 22, 1981.
PAULSON: Second.
VOTE:
PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Continuation
Chairman
Paulson explained that they had listened to the
of Motion of
tapes of
this hearing before the Redmond Urban Area
Consideration
Planning
Commission. He said that he had spot checked
for de novo
the tapes
and found them to be 25-30% inaudible.
hearing for
MOTION:
YOUNG moved that on the matter of the KPRB
Cal/Oregon
tower due to the fact that a good portion of
Broadcasting
the tapes are inaudible that the motion for de
novo hearing be granted.
PAULSON: Second.
VOTE:
PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
It was ag
reed to hear this on the 21st of July.
Discussion re- Terrance O'Sullivan came before the Board on behalf of
garding "Con- Robert Lowe, and gave the Board a letter from him. This
sent to Sell was in regard to a matter where the County chose not to
Agreement"
transfer the land sales contract, but instead
asked to
with Robert
be paid
off. The counter offer is to receive
a balloon
Lowe and
payment
with the other regular payments.
Deschutes
MOTION:
PAULSON moved that they approve the
counter
County
offer made by Terrance O'Sullivan on
behalf
of Robert Lowe with a $3,000 balloon
payment
and the rest of the payments to proceed in
the normal manner.
YOUNG: Second.
VOTE:
PAULSON: AYE.
SHEPARD: NO.
YOUNG: AYE.
For Signature This contract was for the indigent defense. It was
and Approval decided to continue this item until 4:00 pm. of the
Personal Ser- same day.
vices Contract
Page 4 of 8
Deschutes County Board of Commissioners
July 8, 1981 - Regular Meeting
Other Staff/ There were none.
Public Con-
cerns
For Signature Craig Smith brought this before the Board for signature
PP#547, Love- and approval.
stone Acres
MOTION: YOUNG moved that they approve PP#547 Lovestone
Acres and PP#557, First Addition to Lovestone
Acres.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
At this time Chairman Paulson recessed the meeting until 4:00 p.m.
Chairman Paulson reconvened the meeting at 4:04 p.m.
Award of Bids
The Board had received a memo from Neil Hudson dated
and adoption
July 8 in regard to this matter. The bids will all
of Resolutions
be awarded subject to the successful sale of bancroft
setting asses-
bonds. Most of the assessments decreased.
sment hearing
MOTION: SHEPARD moved that they award the bid to Sun-
dates for 8
dance East LID, K-10, to R.L. Coats for $490,000.
L.I.D.'s
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: SHEPARD moved that they award the contract to
R.L. Coats.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson noted that he owns a parcel in Sundance
East subdivision, but has had no objections voiced to his
participation in the past.
MOTION: SHEPARD moved that they award the contract for
River Bend Estates, K-18, to R.L. Coats Construc-
tion as the low bidder and that we enter into
a contract for $98,000.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: PAULSON moved that Chaparral Estates (K-21)
with the amount of the contract $28,000 and
that they enter into a contract.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: SHEPARD moved that they enter into a similar
contract and award the bid to R.L. Coats in the
amount of $248,000 as low bidder for Sunnyside
Boulevard, 'K-23.'.
PAULSON: Second.
Paul Speck;( representing Mr. and Mrs. Clafkin, Norma
Page 5 of 8
De,sGhutes County Board of Commissioners
July 8, 1981 - Regular Meeting
Stephens, and David Abbey. He explained that these
people own property in Woodside Ranch. He said that
these owners had received no prior notification of
the work to be done under the LID for the purpose of
creating a road from Highway 97 to the edge of Woodside
Ranch at its intersection with China Hat Road. Based
upon the lack of notice, Mr. Speck said that he had come
before the Board on his clients' behalf to object to the
formation of the LID and the establishment of this por-
tion of Sunnyside Blvd. He said that this would become
an arterial road. He said that the basis for making this
is that these people don't think that the creation of
that road is in conformance with the written policies of
the comprehensive plan. He cited a recent LUBA decision,
Kerns vs. the City of Portland, in which the extension
of a road constitutes a land use decision thatrequirea:-
a quasi-judicial hearing and findings of fact that deter-
mine that the decision to put in that road is in confor-
mance with the comprehensive plan. He said that they
want to appeal the decision of the Board of Commissioners
to create this district to Circuit Court or LUBA.
PAULSON withdrew his second.
SHEPARD withdrew the motion.
MOTION: YOUNG moved that at;~this time they excercise
their time period and not award the contract
at this time, but recognize R.L. Coats as the
low bidder.
SHEPARD: Second.
Mr. Isham said that if their claim is frivolous in nature
this may throw the project out of synchronization and they
may be held responsible for the extra costs this would
incurr.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: SHEPARD moved to
the contract in
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
acknowledge R.L. Coats and award
the amount of $173,000 for LID #K-24.
MOTION: SHEPARD moved that they acknowledge R.L. Coats the
low bidder and award the contract in the amount
of $195,000 for Odin Crest Estates LID.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 6 of 8
Deschutes County Board of Commissioners
IJ July 8, 1981 - Regular Meeting
MOTION: YOUNG moved that R.L. Coats be awarded the bid
for $170,000 and award the contract for LID #K-29.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: PAULSON;moved that they award the contract and
approve the low bid of R.L. Coats on LID #K-30.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-302 MOTION: YOUNG moved to approve order #81-302 of Lower
Bridge Estates.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-303 MOTION: YOUNG moved to adopt order #81-303 on Crest
Ridge Estates setting the hearing.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-300 MOTION: YOUNG moved to adopt Order #81-300 setting the
hearing for improvements of River Bend Estates.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-298 MOTION: YOUNG moved to adopt Order #81-298 on Odin Crest
Estates.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-299 MOTION: SHEPARD moved to approve order #81-299, Sundance
East.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81-301 MOTION:
VOTE:
YOUNG moved for adoption.
SHEPARD: Second.
PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 7 of 8
'Deschutes County Board of Commissioners
July 8, 1981 - Regular Meeting
Order #81-305 MOTION: SHEPARD moved to
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
approve order #81-305.
Neil Hudson, Director of Public Works, had submitted the
engineer's proposed assessments against these properties
to the Board prior to consideration of the Orders.
For Signature Mr. Isham had made corrections in Section 5, paragraph 1.
and approval- Chairman Paulson read aloud portions of the contract.
Personal Ser- Mr. Isham briefly discussed the contents of the contract.
vices Contract He said that each indictment would not necessarily be
for Indigent counted as a separate case.
Defense MOTION: YOUNG moved that they accept this subject to the
changes that have been made.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
/ss
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