2007-1142-Minutes for Meeting August 26,1981 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS U 1001.1141
COMMISSIONERS' JOURNAL 06/20/2007 11:18:18 AM
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bESCHUTES COUNTY BOARD OF COMMISSIONERS
AUGUST 26, 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 Item #6 on the agenda had been cancelled, and a signature
the Agenda item was added.
MOTION: SHEPARD moved to approve adding the amendments.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion Chairman Paulson said that the Board had received a pet-
regarding ition for rehearing on CU-80-182, California Oregon Broad-
Petition for casting. Chairman Paulson called for comments from Dan
rehearing VanVactor, representing California Oregon Broadcasting.
KPRB He said that this request was based in part on the reaction
he received from the press in contacting them on the Board's
decision. In their evaluation and in their articles sub-
stantial concern was raised by the Commissioners in the
matter of safety of the placement of the tower in the
proposed location. He said that he did not feel that
they had had the opportunity to adequately address this
issue, therefore, he did not feel that thati.hearing was
complete on the safety aspect. He also said that with
regard to the Findings of Fact drafted by Paul Speck that
the Board adopted, on four separate issues contained in
the findings, precent could be set for the placement of
a radio tower in any location in the Redmond Urban Growth
Boundary. These issues were: scenic impact, that an
alternate site is available, health hazard because of
radiation and the restrictions of the zone. He felt that
they would be affected by these findings not matter what
site they ultimately chose.
Dick Brown, consultant on the Redmond Plan, representing
KPRB came before the Board. Mr. Neil Elliot, representing
the South Heights Neighborhood Assn., asked that the
Board accept no new information at this time. There was
some discussion on this. Mr. Brown said that his major
concern is that the findings could preclude the placement
of a tower anywhere in the Urban Growth Boundary. Mr.
VanVactor said that wantr.to make this decision they-Aon'.t
need all of;these. findings ".to make it;: i.They would like
possibility~jfor amending the findings_...He requested-';_a:%
new hearing to offer evidence on safety, and limit the
scope of the hearing to that.
MOTION: SHEPARD moved that they allow a rehearing for
the admission of new evidence.
PAULSON: Second.
Cynthia Claridge asked if they would be allowed to bring
in information. Chairman Paulson responded that it must
be new information. Commissioner Young said that he felt
that they should let this go to the courts.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Page 1 of 3
Deschutes County Board of Commissioners
August 26, 1981 - Regular Meeting
The rehearing date was set for September 16, 1981.
It was agreed that each side should have 1/2 hour for
presenting testimony and a 10-minute rebuttal period.
Commissioner Shepard left the meeting at 10:54 a.m.
2nd Reading MOTION:
and Final
Hearing of
Ordinance 81- VOTE:
032 renaming
certain Chairman
streets Chairman
YOUNG moved to have the second reading of
Ordinance #81-032 by title only.
PAULSON: Second.
PAULSON: AYE.
YOUNG: AYE.
Paulson gave the second reading by title only.
Paulson opened the hearing.
Betsy Shay, Planning Department, said that all of these
roads have gone through public hearings or the residents
hAve been contacted. They believe they have worked out
all the concerns and questions, with the exception of
Pinewood Road. She said that that will be separate be-,
cause of the controversy. Commissioner Young said that
he does not recognize the Urban Area Planning Commission
as a legal commission and would not accept their recom-
mendation, as he did not feel that that organization
should be making decisions for people who live out in
the County. Chairman Paulson said that they would hold
this item until Commission Shepard could be present.
Discussion Chairman Paulson said that they had received a response
and Decision from Harold Gills,, the Palfry's attorney, and were ready
regarding to proceed. The response had been received by the Board
"Value" in on August 7, 1981.
the matter of
the Linda The appraisal on the right-of-way was $1300 to be paid the
Johnson Way Raimondi's. Also to be compensated were the Palry's attor-
of Necessity ney's fees, in the amount of $1047.30 plus $107 expenses
in air fare. The $1047 figure was based on 12.'75 hours
at a rate of $90 per hour. This brings the total cost
to Ms. Johnson to $1454.54 with no other parties being
compensated. Mr. Isham read from the ORS in relation to
this matter. With regard to cost to the County, a $250
deposit had been placed prior to this action, and that
amount will be sufficient to cover the County's costs.
Commissioner Young suggested that they only award $1000
for attorney's fees.
MOTION: YOUNG moved that the value involved here to the
owner be that the Johnsons.be required to pay
costs involved totaling that amount of money
as dispersed. The money should go to the legal
owner. The Palfry's wb.uld receive $1000 plus
$107 for attorney's fees. $250 would go to the
County which has already been paid. They will
grant the Way of Necessity, the exact location
to be the north location (description in the
file). The use will be ingress and egress
for residential purposes to the Johnson property
and the property to the south of them. It
Page 2 of 3
F Deschutes County Board of Commissioners
August 26, 1981 - Regular Meeting
should be connected to Sabrina Lane in a
fashion acceptable to the Road Department.
It should be residential and a use consis-
tent with that zone. The total request is
for 15 feet.
PAULSON: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
Mr. Isham said that he would draft this in the form
of an order for their approval. This must be paid
60 days from the date of the order.
Deschutes. Commissioner Young explained that August is the month
County-!s when the Board appoints one of their members to the
appointment Board of Equalization and the Budget Committee appoints
to the Board one of its members. Commissioner Young offered his
of Equaliz- services to this board.
ation MOTION: PAULSON moved to appoint Commissioner Young
to the Board of Equalization.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
Commissioner Young noted that Wally Cleveland has offered
to serve as a representative of the budget committee.
Other Staff/ There were none.
Public Con-
cerns
Financial Mr. Isham explained that this was an agreement to mort-
Agreement gage 3 acres of an 18 acre parcel on a contract purchase.
between Des- This allows tax lot segragation so taxes can be separate
chutes County on the mortgaged three acres.
and Max Mills MOTION: YOUNG moved to approve tax lot segregation for
Terry W. Mills and Betty I. Mills.
PAULSON: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
For Signature:Craig Smith brought this before the Board for signature
Final Plat and approval.
#614, Nasu MOTION: YOUNG moved to approve Final Plat #614 and '
Park allow Craig Smith to sign the plat representing
the Planning Director.
PAULSON: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
C
Robert C. Pau
/ss
Page 3 of 3
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