2007-1134-Minutes for Meeting July 29,1981 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2001.1134
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/20/2007 11:06:12 AM
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2007-1134
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..?-DESCHUTES COUNTY BOARD OF COMMISSIONERS
July 29, 1981 - Regular Meeting
Chairman Paulson called the meeting to order at 10:00 a.m. Commissioner
Shepard was also in attendance, Commissioner Young was absent.
Amendments to The amendments were listed on a sheet attached to the
the Agenda agenda. There were no additional amendments.
ITOTION: SHEPARD moved to approve the amendments.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Appeal of SP- Although this item had been noted as being cancelled on
81-1, Black the amendment sheet, Rick Isham, County Counsel, asked
Bear Condomin- that the Board hear it anyway, because no written request
iums for withdrawal of the appeal had:been submitted to the
County by the applicant.
MOTION: SHEPARD moved that they rescind the amendment
on the agenda.
PAULSON: Second.
VOTE,: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson opened the hearing. As there were no
interested parties present, the hearing was continued
until August 12, 1981.
For Signature:
Orders #81-
318 and 319
Correcting
Expenditures
for Fiscal
Year 1980-81
Mr. Isham explained that this was to be signed Nunc Pro
Tunc. Chairman Paulson read Order #81-318 aloud by
title only.
MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Order #81-319 was also to be signed
Chairman Paulson read Order #81-319
MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Nunc Pro Tunc.
aloud by title only.
Consideration Chairman Paulson opened the public hearing. He read
of Adoption He read the Ordinance aloud by title only. Mr. Isham
of Ordinance said that there had been some changes in the draft the
#81-016, re- Bb.ard had previously reviewed. He briefly explained
garding Build- these changes. There was no further testimony. Chair-
ing Codes man Paulson closed the hearing. As there was some con-
fusion as to whether or not notice of the hearing had
been published, it was decided to hold the document fot
adoption until after publication could be verified.
Continuation Mr. Hudson explained that the contracts were back from
of LID Assess- the contractor, and they were ready to proceed. There
ment Hearings were contracts and orders ready for the Board' signature.
There were no people in the audience present to make
comments at the hearings, so the Commissioners proceeded
with the contract approvals.
Page 1 of 7
Deschutes County Board of Commissioners
'July 29, 1981 - Regular Meeting
The first contract was for Sundance East LID.
MOTION: SHEPARD moved to approve the contract for
Sundance.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson explained that he owned property in
this LID and asked for any objections to his acting
on this. There were no objections. He then re-opened
the hearing for Sundance East LID. Being no comments,
Chairman Paulson closed the hearing.
MOTION: SHEPARD moved to adopt Order #81-311.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract was for
MOTION: SHEPARD moved to
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chaparral Estates, K-21.
sign the contract.
Chairman Paulson opened the hearing for Chaparral Estates
LID. Being no comments, he closed the hearing.
MOTION: SHEPARD moved to approve Order #81-313.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract was for Lower Bridge Estates.
MOTION: SHEPARD moved to approve the contract.
PAULSON: SECOND.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson opened the hearing for Lower Bridge
Estates LID. Being no comments, he closed the hearing.
MOTION: SHEPARD moved to approve order #81-314.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract for approval was for Crest Ridge Es-
tates, K-30.
MOTION: SHEPARD moved to approve the contract.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson reconvened the hearing on Crest Ridge
Estates. Being no comments, he closed the hearing.
MOTION: SHEPARD moved to approve Order #81-315.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract for approval was for River Bend Estates
LID, K-20.
MOTION: SHEPARD moved to approve the contract.
PAULSON: Second.
Page 2 of 7
Deschutes County Board of Commissioners
July 29, 1981 - Regular Meeting
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson reconvened the hearing. Being no comments,
he closed the hearing.
MOTION: SHEPARD moved to approve order #81-312.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract for approval was for Dry Canyon LID,
K-29.
MOTION: SHEPARD moved to approve the contract.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson reconvened the hearing for Dry Canyon
LID. Being no comments, he closed the hearing.
MOTION: SHEPARD moved to approve order #81-316.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The next contract for approval was for Odin Crest Estates
LID.
MOTION: SHEPARD moved to approve the contract for Odin
Crest Estates LID.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson reconvened the hearing for Odin Crest.
Being no comments, he closed the hearing.
MOTION: SHEPARD moved to approve order #81-310.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Ordinance Ken Glantz, Building official, came before the Board to
#81-016, re- confirm publication of the hearing set for today.
garding MOTION: SHEPARD moved to have the first reading by
Building title only of Ordinance #81-016.
Codes PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson gave the first reading by title only of
Ordinance #81-016. Chairman Paulson stated that the
second reading would be in two weeks, August 12, 1981.
Discussion Mr. Hudson had sent a memo to the Board regarding this
and Setting prior to the meeting. He explained that the Solid Waste
of Solid Advisory Committee is recommending the container rent
Waste Fran- increase. The Order set an 8% increase. Mr. Hudson
chiser fee explained how the Solid Waste Advisory Committee had
arrived at that figure. There was some further discussion.
MOTION: SHEPARD moved to approve Order #81-317.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Page 3 of 7
'Deschutes County Board of Commissioners
July 29, 1981 - Regular Meeting
Discussion
Mr. Isham explained that he had received a request
regarding Pri-
from Neil Hudson, Director of Public Works, to examine
vate Utility
the public utility regulations with what appears to
Companies
be unregulated utilities in the County, such as water
and sewer systems and some cable TV. He had scheduled
this to receive direction from the Board on whether or
not to proceed with investigating this, and what the
Board would like to do in regard.to regulation. He
has discussed this with people in other counties, and
said that some have established a "sinking fund" to
insure that repairs will be made and that drinking
water is safe. There was some further discussion on
this.
MOTION: SHEPARD moved that they ask County Counsel,
Rick Isham; and Public Works Director, Neil
Hudson to investigate the feasibility of
franchising private utilities within the
County, private utility companies.
PAULSON: Second.
VOTE: PAULSON: :AYE.
SHEPARD: AYE.
Discussion re- Ms. Dillman had had a question as to whether or not
garding Con- she should be required to obtain a conditional use
ditional Use permit to replace a mobile home that had been a pre-
Application existing use. On May 14, 1981, she had come before
the Board to obtain a temporary permit to place the
mobile home, which she was granted. The temporary
permit was not expired, and the necessity of a condi-
tional use permit was being questioned. Mr. Isham
explained that they had moved the old trailer off
of the property and moved the new one on in less than
one year. The Board's policy has been that if there
is a destruction greater than 60% then it is to be
considered destroyed and may not be rebuilt or re-
placed. If destruction occurs, a conditional use per-
mit is required. This is stated in the Board's state-
ment of Policy. There was some further discussion.
MOTION: SHEPARD moved that Mr. Isham prepare a letter
advising Dave Jaqua (representing Ms. Dillman)
that he should apply for a conditional use
permit.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
The Board requested that a copy of the statement of
policy be included with the letter.
Discussion re- Connie Eiseman, WICK was present to discuss this. She
garding WIC explained that they had received a notice indicating
Program Sup- that they would be entitled to apply for additional funds
plemental amounting to.$1,132. She said that these funds will
Budget have to be spent by September 30, so they must apply
immediately. They will apply for $1,383, and $1,132
had already been approved by the State.
MOTION: PAULSON moved that they approve the application
subject to approval of the Director of Admin-
Page 4 of 7
'Deschutes County Board of Commissioners
July 29, 1981 - Regular Meeting
Other Staff/
Public Con-
cerns
For Signature:
Ordinance #81-
031, Amending
PL-15
istrative Services, Mike Maier.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Mr. Isham requested that item #10. (A) on the
agenda be continued until that afternoon. The Board
agreed to reconvene at 3:00 p.m.
Commissioner Shepard had a memo for signature by the
Board to all Department Heads indicating the change in
health benefits and merit increase schedules for this
coming year. He noted that all three Commissioners
had indicated approval on the draft. This memo was
dated July 28, 1981.
It was agreed to carry this item forward until they
reconvene at 3:00 p.m.
WIC Program Connie Eiseman came back before the board, after having
Supplemental discussed the budget with Mr. Maier, who had approved
Budget it, saying that this should be considered the same as
a supplemental request at this time. Chairman Paulson
signed the document.
For Signature: Craig Smith, Associate Planner, brought this before
Final Plat the Board for signature and approval.
#622, Columbia'MOTION: SHEPARD moved to approve Final Plat #622,
Estates Columbia Estates.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Final Plat Craig Smith brought this before the Board for signature
#620, Deer and approval.
Park I MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
MP-81-40, Craig Smith brought this before the Board for signature-:
Sunray Inves- and approval.
tors MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE
SHEPARD: AYE.
MP-81-32, Craig Smith brought this before the Board for signature
Eugene Merritt and approval.
MOTION: SHEPARD moved to approve.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Page 5 of 7
Deschutes County Board of Commissioners
July 29, 1981 - Regular Meeting
MP-81-91, Craig Smith brought this before the Board for
Backstrom/ signature and approval.
Ray MOTION: SHEPARD moved to approve MP-80-91.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
MP-80-60, Craig Smith brought this before the Board for signature
World Business and approval.
Trust, incl. MOTION: PAULSON moved to approve MP-80-60 with
Declaration declaration of dedication.
of Dedication SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Being no further business, the meeting was recessed until 3:00 p.m.
Chairman Paulson reconvened the meeting at 3:10.
Ordinance #81- As the board had had a question about acting on an
031, Amending ordinance when only a quorum is present, Mr. Isham
PL-15 read aloud ORS 203.045 regarding adopting an ordin-
ance with only two members present.
MOTION: SHEPARD moved that this be read by title
only.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson gave the first reading by title only.
MOTION: SHEPARD moved to have the second reading
by title only.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Chairman Paulson gave the second reading by title only.
MOTION: SHEPARD moved to adopt the ordinance.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Resolution Chairman Paulson read Resolution #81-057 by title only.
adopting the MOTION: SHEPARD moved to approve the resolution.
1981-8.2 Bud- PAULSON: Second.
get VOTE: PAULSON: AYE.
SHEPARD: AYE.
Next were two resolutions levying the amount of tax.
There were two resolutions prepared, one in the amount
of 3,579,764.80 and the other levies taxes in the
amount of $3,871,612.80. Two had been prepared because
they, could levy the amount of tax;,basedeon-what they
expect to spend or on the-amount listed__on__the aerial
llevy per thousand. If the_!levied--taxes-lased on:-_-the
35( and 3.7(G`.per .thousand'-as ,listed _on the ballots,
there would be a cash carry over, spendable in the
third year. Mr. Isham read into the record the Attor-
ney General's opinion on rate serial levies, entitled
•IYeschutes County Board of Commissioners
July 29, 1981 - Regular Meeting
"Rate Serial Levies".
Chairman Paulson read Resolution #81-059 aloud by
title only.
MOTION: SHEPARD moved to approve Resolution #81-
059.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
There was some further discussion, because they did
not yet have a figure certified by the County Assessor
as being the true cash value of the County, which is
what they will base the levy on. This was discussed
at length. Ed Lorenz of the Assessor's office came.
in to answer questions, as Oscar Bratton, the Assessor,
was not available. The figure that they have from
the Assessor is $2„110,280,279, but that is not a
certified figure. There was some discussion as to
whether or not they should go with the higher of the
two figures outlined on the Order, because they cannot
exceed a certain amount. It was agreed to adopt the
higher of the two figures, and if a problem arose at
a later time, they could amend the order.
MOTION: SHEPARD moved to approve Order #81-058.
PAULSON: Second.
Chairman Paulson noted that they are basing their
decision on the best information that is available.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Being no further business:,; the meeting was adjourned.
Al ert A. Young, Co r, ssione
/ss
Page 7 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS