2007-1175-Minutes for Meeting December 23,1981 Recorded 6/20/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS Cj 20vr-1115
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13ESCHUTES COUNTY BOARD OF COMMISSIONERS
DECEMBER23, 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
Rick Isham, County Counsel, asked that item #7.A be
the Agenda
discussed first. There were no further amendments.
The amendment was approved.
Agreement
Chairman Paulson asked Mr. Isham.-to explain this since
between the
the Board a not yet had tFeopportunity to peruse the
City of Red-
document. Mr. Isham explained that the Board had held
mond and Des-
a hearing on this document but the City of Redmond had
chutes County
rejected it. The City of Redmond had in turn approved
for Joint Man-
another draft and forwarded it to the County for approval,
agement of
but he and John Andersen, Planning Director, did not
the Redmond
think it provided enough cooperation, so they again revised
Urban Growth
it but it was not accepted by the City of Redmond. Mr.
Boundary
Isham explained that the document before them now was the
most recent proposal and is the closest to agreement on.
This proposal acknowledges that within the urban growth
boundary both entities have a responsibility. This
agreement provides for 45-day notice to the other entity
of any land use action either entity is taking within the
urban growth boundary. John Andersen said that he felt
that the intent of the Urban Area Agreement was to re-
cognize the needs that exist within the-urban growth
areas of the county and that the county needs to be involved
with happenings inside the city that affect our captital
improvements. He said that this document more clearly
defines that the county has equal concerns in the agree-
ment. He noted that the Bend Urban Area Agreement does
not reflect this.
Mr. Isham suggested that this be continued on the agenda
to give the Board further opportunity to.review this.
Once the Board informally approves it then it needs to
be given back to the City of Redmond for their review and
possible approval. It was the Board's consensus to re-
schedule this for the January 5, 1982 agenda.
Discussion
Dave Jaq_ua, attorney representing the developers of Mary
regarding
K. Fa is Subdivision, was present to discuss this. This
Road for
discussion had been continued from the Arevious day's
Mary K. Falls
meeting. Commissioner Young said that he had been unable
Subdivision
to find anything in his notes indicating the the Board had
granted permission for the road to remain unpaved, and
had checked his records from 1978 and 1979, although he
remembers the discussion. He said that this had been dis-
cussed at the October 12, 1981 meeting and he read aloud
that portion of the minutes. He also read into the record
his personal notes from that day's agenda. Before the
Board was the affidavit from Mr. Burton, the engineer on
this development, stating that this agreement had been
reached. Commissioner Young stated that he had no reason
to doubt the affidavit. Commissioner Shepard noted that
it would be unreasonable for someone to develop a 16-lot
subdivision with the knowledge that they would be required
to pave 2k miles of road.
Deschutes County Board of Commissioners
December 23, 1981 - Regular Meeting
MOTION: YOUNG moved to recognize the prior action
of the Board, that Mary K. Falls subdivision
plat be approved and signed off and that there
be no requirement to pave the 22 miles to the
subdivision.
SHEPARD: Second.
Chairman Paulson said that it was beyond the power of the
Board to grant this based on the ordinance. Commissioner
Shepard said that at this time they are not granting it
but recognizing that this was a prior action of the Board.
Commissioner Shepard asked Mr. Isham if this would be
violating their powers. Mr. Isham explained that at the
time this permission had been granted, the law was different
than it is now. He said that even if this permission had
been procedurally incorrect, the Board's decision becomes
certain if no appeal is filed within 60 days of the action.
Given that background, his opinion is that the Board has
the ability to recognize prior action of the Board based
on the available information.
VOTE: PAULSON: NO.
SHEPARD: AYE.
YOUNG: AYE.
Appointment Before the Board was a letter from Mahlon Rohrbach,re-
of Road Commis-questing that they accept the reappointment of William
sioner to Unit Porter to a new three year term on Special Road Dist-
#6(' Spec-rict #6.
ial Road Dist- MOTION: SHEPARD moved to appoint William Porter to a
rict three year term on Special Road District #6.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Before the Board was a letter from Norm Friehbel, Secretary
of Special Road District #1 indicating that June Sebastian's
term on the District Board was expiring and she no longer
wished to participate. To replace her on the Board he
recommended Jean Miller, 17353 Elsinore Road, Bend.
MOTION: YOUNG moved that Mrs. Jean Miller be appointed
to Special Road District #1 Board of Directors.
SHEPARD: Second.
It was noted that this term becomes effective January 1, 1982.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion Chairman Paulson suggested that since the recent develop-
regarding ment of administrative units, they should try to appoint
Assignment Board members to the various Boards and committees that
of Commis- correspond with their administrative units.
sioners to MOTION: PAULSON moved that the Board appointments for
various the Board of Commissioners be as outlined on
Boards this sheet, the first group being assigned to
Commissioner Shepard with the exception of
Solid Waste for Chairman Paulson. The second
group will be for Chairman Paulson with Chairman
Paulson being the first for the upcoming County-
Page 2 of 4
Deschutes County Board of Commissioners
December 23, 1981 - Regular Meeting
City Road Committee for Redmond. Commissioner
Shepard will work with the Road Committee for
Bend.. Commissioner.-Young will be on the museum
committee.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Discussion Chairman Paulson explained that the Board had recently
regarding Bill received a~from William Donaca for the Deschutes
to Deschutes
County Fair Board audit in the amount of $925. Commissioner
County Fair
Young explained that Bob Gordon of the Fair Board had
Association
contacted him asking that the County pay this bill as
For Audit
they had done in the past. Mike Maier, Director of
Administrative Services, had directed the accounting clerk
not to pay this bill, as it is not the County's respon-
sibility. Whether or not to pay the bill was discussed.
The three options discussed were to pay it, not pay it,
or make partial payment at this time and have the Fair
Board pay the remainder, and advise them that the County
will no longer be able to assist them with this cost in
the future.
MOTION: PAULSON moved that the County not accept or
pay this bill for $925 for the audit of the
Deschutes County Fair Association.
SHEPARD: Second.
Commissioner Young said that due to the fact that we have
paid the bills in the past, and the Fair Board has had
no--warning that this would not continue, he would be inclined
to pay it and advise them that the County will no longer
continue to do so in the future. Commissioner Shepard
said that he agreed with this, but that the County is
not in a position to afford the bill any better than the
Fair Association.
VOTE: PAULSON: AYE.
SHEPARD: NO.
YOUNG: NO.
MOTION: SHEPARD moved that the County pay half of the
bill and advise them that the County will no
longer pay it.
YOUNG: Second.
VOTE: PAULSON: NO.
SHEPARD: AYE.
YOUNG: AYE.
Other Staff/
There were none.
Public Con-
cerns
For Signat- Mr. Isham explained that this was for the interchange to
ure: Coop- be constructed on Highway 97 near Redmond where it inter-
erative Agree- sects with Yew Ave.. He has redrafted the original, elim-
ment for Pre- inating some problems that had existed with the original
liminary En- document. He explained that this will be constructed by
gineering Northwest Commercial Inc., who owns property on Yew Avenue
and is planning to build a shopping center at that site.
Page 3 of 4
Deschutes County Board of Commissioners
December 23, 1982 - Regular Meeting;
Mr. Isham explained that this road improvement is re-
quired as a result of the proposed commercial development
to handle increased traffic flow. He also noted that
the County will delegate authority to the State to act
as engineer for the construction. He further discussed
the contents of the agreement.
MOTION: YOUNG moved to approve.the cooperative agree-
ment for preliminary engineering and construct-
ion finance of the Yew Avenue project.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Bargain and Mr. Isham explained that this was a land sale which has
Sale Deed been paid off for Mr. P. Williams, Rt. 1 Box 375, Powell
Butte.
MOTION: YOUNG moved to sign the deed.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESCHUWS COUNTY BOARD OF COMMISSIONERS
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