2007-1167-Minutes for Meeting December 01,1981 Recorded 6/20/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS U BON O
COMMISSIONERS' JOURNAL 0612012007 11;19;39 AM
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2007-1167
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
DECEMBER 1, 1981 - REGULAR MEETING
Chairman Paulson called the meeting to order at 10:00 A.M. Commissioner
Shepard and Commissioner Young were also in attendance.
Amendments to
The only amendments to the agenda were those listed on
the Agenda
the sheet attached to the agenda. Chairman Paulson
approved the amendments.
Presentation
Marvin YOung, County Extension Agent, and Nancy Reosse,
of Petition
of the Deschutes Hugger Extension Group, presented
for the Ex-
to the Commissioners a petition signed by 7,000 persons,
tension Ser-.
requesting that a levy for the extension service be
vice
placed on a ballot to go before the voters.
MOTION: YOUNG moved to accept the petitions for the
group representing the Extension Service for
filing with the County Clerk.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Commissioner Shepard said that Ms. Reosse deserves
a great deal of gratitude for her efforts, and wished
them well in their work.
Decision in Chairman Paulson noted that the Board had been presented
regard to with findings of fact prepared by counsel representing
Donald Hall both sides of the issue.
Grievance MOTION: YOUNG moved to accept the proposed findings
and conclusions of law as presented in behalf
of Don Hall.
SHEPARD: Second.
Commissioner Young explained that he did not feel that
Mr. Hall's actions merited termination. He said that
he felt that Mr. Hall had been harassed. He also noted
that there.was only one witness that testified against
Mr. Hall. Chairman Paulson said that he disagreed
with the motion.
VOTE: PAULSON: NO."
SHEPARD: AYE.
YOUNG: AYE.
Continuation Chairman Paulson re-opened the hearing. Neil Hudson,
of Public Director of Public Works, handed out information com-
Hearing to paring what the differences in assessments for the
Vacate a Por- LID would have been if this portion of the road was
tion of not built and that portion of property benefited had
Highland not been included in the assessments. The comparison
Road showed that had this portion not been included, the
assessments to the other property owners would have
been increased by $5.00 per acre.
Steve Janik, representing the Curls, owners of Bend
Aggregate, addressed the Board. He said that there
were three issues before the Board in regard to this
matter, and they were: (1) should this 950' segment
of the road be vacated, (2) should the existing assess-
ments be reassessed, and (3) should the promisory notes
be called in by the County at this time.
Page 1 of 5
Deschutes County Board of Commissioners
December 1, 1981 - Regular Meeting
He said that the legal standard for determining whether
a road should be vacated is whether or not the road
is necessary. He said that this road ends on surface
mining land and this segment of the road serves no
other parcel of property. He said that no other property
owner has any legitimate purpose for going down that
road. He said that the planning staff and the hearings
officer both took the position that it makes good sense
to vacate this road.
In determining whether or not a reassessment should
be made, he said that the county does not have the
authority to go through a reassessment process. He
said that assessments should follow benefits, and nobody
would be receiving any less benefits as a result of
this road being vacated. He discussed the assessments
for the LID, and said that the county security for
payment of the notes would not be in any way impaired.
He said that none of the property owners has any legal
right that will have been violated as a result of the
vacation of this road.
Mrs. Charles Kelly, 64931 Highland, Redmond, came before
the Board to testify. She said that there were some
benefits to the road being there, the neighbors used
it for walks and bicycling.
Mr. Charles Kelly, same address, asked why the county
did not want to vacate the road. Mr. Hudson explained
that their concern was that this may risk the county's
ability to collect the assessments. Mr. Janik stated
that it was his firm's opinion that the County could
not be sued for the vacation of this road.
John Florry, 65031 Highland, Redmond, asked how the
original assessment was set up. Mr. Hudson explained
that this was assessed on a per-acre basis. He said
that this was done prior to zoning and discovery of
aggregate on the property.
Being no further comments, Chairman Paulson closed
the hearing.
MOTION: YOUNG moved that the 950 foot section of road
under discussion be vacated, and that the
proper order be drawn up for the Board's signature
and that the $100 bond be forfeited to the
county to cover the county's administrative
cost of this road vacation.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Rick Isham, County Counsel, will prepare the order
for the Board's signature.
Page 2 of 5
,Desdhutes County Board of Commissioners
December 1, 1981 - Regular Meeting
Discussion re-
Commissioner Shepard said that he sees this as changing
garding Public
the Jobs of the commissioners somewhat. At the present
Advisory
time they have an informal liason with the department
Team's Recom-
heads. The idea of consolidating three departments
mendation re-
was given to the Public Advisory Team (PAT) for review
garding the
and recommendation. The PAT came back with a counter
establishment
proposal to have the commissioners work with each depart-
of Adminis-
ment, forming "Administrative Units". The proposed
trative Units
structure of these units was discussed at length. A
second draft proposal for the structure of these units
will be drafted.
Other Staff/
Bob Slawson carne before the Board to volunteer his
Public Con-
services to the County wherever needed. He explained
cerns
that he is no longer active in working with the Senior
Center and other volunteer work he had been involved
with, and said that his time would be available to
serve on any County committee's or functions where
he may be helpful. He said that he is very interested
in the county and would like to be involved.
For Signature:
Mr. Isham explained that this order originated with
Ordinance #81-
the County Clerk who requested that this order be pre-
034 Establish-
pared limiting the hours that they will accept documents
ing the Re-
for filing during each day. With their reduced staff,
cording hours
it created problems if someone came in with many documents
of the Clerk
for filing right before closing time. This caused
the person recording the documents to have to work
overtime. This order will establish the hours for
accepting large numbers of documents to be filed as
being from 8:30 a.m. to 4:00 p.m.
MOTION: YOUNG moved that the first reading of Ordinance
#81-034 be by title only.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the first reading by title only.
MOTION: SHEPARD moved.that the Board declare the second
reading as having taken place.
The motion died for lack of a second.
MOTION: YOUNG moved that they have the second reading
by title only.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading by title only.
MOTION: YOUNG moved to adopt Ordinance #81-034 and
declare an emergency.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 3 of 5
Deschutes County Board of Commissioners
December 1, 1981 - Regular Meeting
Resolution #81-MOTION: SHEPARD moved to approve Resolution #81-079.
079 Establish- YOUNG: Second.
ing Certain VOTE: PAULSON: AYE.
Deschutes SHEPARD: AYE.
County Envir- YOUNG: AYE.
onmental Mr. Isham esplained that this is a Nunc Pro Tunc order
Health Ser- dating back to November 10.
vice Fees
Order #81-365 Mr. Isham explained that the reason for this is the
Establishing County Zoning Ordinance has a park acquisition and
the Park Acqui-development section which requires that a subdivision
sition and provide either a parcel of land or, in lieu of the
Development land, a payment for the purpose of park acquisition
Fund and development. He said that there is money now in
escrow for this purpose and this order will establish
a fund and rules for the expenditure of those funds.
MOTION: SHEPARD moved to approve order #81-365.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Order #81- Mr. Isham explained that these are budgeted transfers
366, Trans- totalling approximately $455,000. He explained the
ferring funds background on this and said that this will also include
from the Road payment for administrative expense.
Fund and the MOTION: YOUNG moved to approve Order #81-366 transferring
Transient Room funds from the Road Fund and Transient Room
Tax Fund to Tax Fund.
the General SHEPARD: Second.
Fund VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Ordinance #81- Mr. Isham explained that ORS allows the county to set
046, Providing a fee for indexing of tracts or lots of land in the
for a Fee for direct or indirect indexes. This will allow the hiring
the Indexing of somebody to bring the direct and indirect indexes
of tracts or up to date. There will be an extra $1 charged to the
lots of land filing of a mortgage or memorandum of credit.
in the Direct MOTION SHEPARD moved to have the first reading by
or Indirect title only.
Indexes YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the first reading by title only.
MOTION: SHEPARD moved to have the second reading by
title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading of Ordinance
#81-046 by title only.
Page 4 of 5
Deschutes County Board of Commissioners
December 1, 1981 - Regular Meeting
MOTION: SHEPARD moved to approve Ordinance #81-046.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Ordinance #81- Mr. Isham explained that the County is entitled to
048, Estab- collect a surcharge from the State, because we are
lishing a Fee collecting these fees for the State. This fee is for
for the Admin- the keeping of these records for the State.
istrative cost MOTION: SHEPARD moved that the first reading of Ordin-
relating to ante #81-048 be by title only.
the Handling YOUNG: Second.
of Monthly VOTE: PAULSON: AYE.
Parole and SHEPARD: AYE.
Supervision YOUNG: AYE.
Fees Chairman Paulson gave the first reading of Ordinance
#81-048 by title only.
MOTION: SHEPARD moved to have the second reading of
Ordinance #81-048 by title only.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Chairman Paulson gave the second reading by title only.
MOTION: SHEPARD moved to approve Ordinance #81-048.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Request for Before the Board was a request for refund, receipt
Refund #26033, in the amount of $100.00 to Robert S. Lovlien.
The Board approved the request.
Being no further business, the meeting was adjourned.
/ss
Page 5 of 5
DESCHUTES COUNTY BOARD OF COMMISSIONERS