2007-1187-Minutes for Meeting January 27,1982 Recorded 6/20/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS ICJ 2007.1187
COMMISSIONERS' JOURNAL
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2007-1187
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• "DESCHUTES COUNTY BOARD OF COMMISSIONERS
JANUARY 27, 1982 - REGULAR MEETING
Chairman Shepard called the meeting to order at 10:00 A.M. Commissioner
Young and Commissioner Paulson were also present.
Amendments to There were two amendments listed on a sheet attached to
the Agenda
the agenda. Being no objections, the amendments were
included with the day's agenda.
Discussion
I~Bob Shimek, Century West Engineering, was present to discuss
with Bob
the activities of the 208 Water Study. He gave a brief back-
Shimek, Cen-
ground of the study, noting that it started in the summer of
tury West
1980. He said that this was brought about by the Water
Engineering
Resources Department and the County Sanitation Department.
Regarding 208
He noted that they had taken numerous samples of water from
Water Study
domestic wells in the LaPine area and found high nitrate
levels, causing some concern about the ability of septic
tanks in the area to be functioning correctly. He then
briefly outlined how the water study had been funded. He
said that they have formed two committees in conjuction
with this study, the first is a technical advisory committee
composed of experts in the field of geology and hydro-geology.
The other is a citizens advisory committee, comprised of
citizens in the LaPine study area. Their function is to
provide local input. He said that they have installed num-
erous monitoring wells and exploratory bores in the area.
They have done geographic investigations to try to deter-
mine what things are encouraging and not encouraging ground
water movement. He also noted that the Planning Department
had done a study to see what the growth trends may be in
the future. He said that they also did a house-to-house
study to see what kind of wells and septic systems are in
use. They also had water samples taken from all residents
who would give permission. He said that no unoccupied
property was approached. He said that they tested for
chemicals and bacteria on a spot check basis. He briefly
outlined their findings to this point. He said that the
geologic conditions are sufficiently complex that they cannot
say that a particular factor is common to the whole basin.
They found that the shallow ground water was good except
near densely developed areas, and in some cases near septic
tank systems. He said that they had found some chlorides
and sulphates, which tend to be higher where there are some
septic tank problems. They did not find any bacterial
growth which indicates that the drainfield systems are working
right. He noted one other factor was that they did not have
much precipitation, so they did not see the effects of
high ground water contamination. He said that the work
they will be doing is continued monitoring of the water table
levels and spot checking for bacterial contamination. He
said that they are also in the process of revising some of
their original work after seeing the effects of precipitation.
He said that they are now doing more borings as well.
He also noted that the water is not moving in the direction
that they thought it was, which was north, but it seems to
be moving to the east. He said that they will also develop
a plan to protect the aquifer. He said that when the devel-
op a management plan that has been reviewed by the committees
it will come before the Board for their review. He said
Page 1 of 6
'Deschutes County Board of Commissioners
January 27, 1982 - Regular Meeting
they intend to maintain a close working relationship with
the Board. He said that the study is aimed at area
specifics and their guidelines will also be on an area
specific basis, not just a general recommendation. There
was some further general discussion.
Discussion re- Jane Kirkpatrick, Family Counselling Director, was present
garding Emer- to discuss this. She had presented with a report on this
gency Holding which they have reviewed. She noted that this was an
Costs informal discussion for the purpose of keeping the Board
informed. She introduced Julie Tikton, a member of her
staff who has been working on this. Ms. Kirkpatrick said
that they are pleased that the local hospital is providing
quality treatment for patients with mental illness, when
before these people were housed in the jail. She noted,
however, that this is at an increased cost. She said that
in the long run, they have been able to keep people out of
the state hospital. She said that so far they have spent
between $25,000 and $30,000 for this, with only $15,000
remaining in the budget for this purpose. She is requesting
that the Board take this under advisement and consider the
possibility of having to spend contigency funds for this
for the remainder of the fiscal year.
Appointment Ms. Kirkpatrick explained that new members are recommended
to the Des- by a membership committee of the Board. She said that the
chutes County board members requested that each year they be sent a letter
Mental Health stating their membership and the remainder of their term.
Advisory Board There was some further minor discussion.
MOTION: YOUNG moved that the following persons be
appointed: Dave Hulse; Mrs. Sherrie Pierce;
Rev. Randyl Taber; Juanita Serano; Barbara
Preble; Lloyd Bishop; Hyale Smith; Joan Hibbs;
Larry Tuttle; Alan Hilles, MD; and Steve O'Brien.
Commissioner Young moved that the above people
be appointed as listed.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Program Var- Ms. Kirkpatrick explained that the Mental Health Division
iance for does site visits on various programs, and they had done
the Alcohol one on the drug & alcohol treatment program. She gave the
& Drug Treat- Board a copy of their review. She said that the state
ment Program requires certain conditions be met, and they are not at this
time equiped to meet the state's condition on record-keeping.
She is requesting that the Board request a variance to this
condition. She gave the Board a draft letter requesting
this variance. She noted that they have over 200 persons
in the alcohol program, which far exceeds the caseload of
other counties. This is why they are unable to maintain
the records on the level that the state requires. There
was some further minor discussion.
Page 2 of 6
'Deschutes County Board of Commissioners
January 27, 1982 - Regular Meeting
MOTION: YOUNG moved that the letter to Dr. Joseph
Treleaven asking for a variance for certain
requirements being asked for by the director
be approved.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Consideration
MOTION: PAULSON :roved to appoint Bill Mayfield to the
of appointment
Deschutes County Fair Association Board of
to the Des-
Directors.
chutes County
YOUNG: Second.
Fair Assoc.
VOTE: SHEPARD: AYE.
Board of Dire-
PAULSON: AYE.
ectors
YOUNG: AYE.
The Board will send Mr. Mayfield a letter advising him of
this appointment.
Adoption of
Jordan Maley, County Coordinator, introduced Perry Hereford,
Historic
a member of the Deschutes County Historical Society, to
Landmarks
the Board. Mr. Hereford explained that it had taken them
Criteria
a long time to formulate this criteria. He gave some back-
ground on how the group had arrived at this criteria, and
explained that they are now seeking the Board's approval
of this criteria. Commissioner Young asked how they might
stop someone from tearing down a building if it was des-
ignated a historical site. Mr. Hereford said that they could
put a stop work order on the building for 30 days, which
would give them some time to do some research on the building,
and perhaps hold public hearings on the matter. Mr. Maley
said that they had met with the new owners of
the Pine Tavern to inform them of the tax credits avail-
able if they were to maintain the building. After talking
to the new owners, they found out that plans are to restore
the building to more of its original state. He discussed
the improvements they are making. There was some further
general discussion.
Chairman Shepard read aloud Resolution #82-001, providing
for the acceptance of the Deschutes County Land Mark Com-
mission Rating Criteria.
MOTION: PAULSON moved to approve Resolution #82-001.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Commercial Before the Board was Resolution #82-002, a resolution
Feasibility establishing Sanitation Fees for Commerical Facility
Fee for Sani- Feasibilities and Permits.
tation MOTION: PAULSON moved to approve Resolution #82-002.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Rick Isham, County Counsel, noted that this becomes
effective upon signing and recording.
*Deschutes County Board of Commissioners
January 27, 1982 - Regular Meeting
Consideration Chairman Shepard read aloud the ordinance by title.
of Adoption MOTION: PAULSON moved that the first reading be by
of Ordinance title only.
#82-0020 YOUNG: SEcond.
naming Hurtley VOTE: SHEPARD: AYE.
Road PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first reading by title only
of Ordinance #82-002.
MOTION: PAULSON moved to have the second reading
by title only.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the second reading by title only
of Ordinance #82-002.
MOTION: PAULSON moved to adopt Ordinance #82-002.
YOUNG: Second.
VOTE : SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Ratification MOTION: YOUNG moved to ratify the signing of the bargain
of Bargain & and sale deed of January 22, 1982.
Sale Deed PAULSON: Second.
signed 1/22/82 VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Other Staff/ Mr. Isham noted that yesterday the Board considered the
Public Con- addition of duties to the County Surveyor, which would
cerns include the administrative duties of the County Engineer.
He noted that there had been a concern expressed by the
Board that this would set a precedent that the surveyor
would always be the county engineer. There was also some
concern about dual office holdings. The Board had asked
Mr. Isham to look at setting up this position separately,
making this a part-time appointment of a county engineer.
He had made copies of AG opinion #74-61 which deals with
dual office holding. He said that the main prohibition
is when dealing with incompatibility of functions. A
public official is not allowed to supervise himself as an
employee. Another prohibition is that an elected official
not be in a position as an elected official that directly
or indirectly affect the appointed position. Mr. Isham
said that he felt that the proposal would be feasible as
long as these positions were maintained as separate and
distinct positions, the supervisor not being the surveyor,
and where the surveyor is not in a position to make decisions
that affect the appointed position in any way. He also
noted that they should maintain separate budgeting for the
two positions. There was some further discussion on how
this could be budgeted for.
Page 4 of 6
'Deschutes County Board of Commissioners
January 27, 1982 - Regular Meeting
MOTION: PAULSON moved that the Board authorize the
appropriate paperwork and job descriptions
if any need to be drawn up.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Six month
Tom Crabtree, Indigent Defense Attorney, was present to
report on
discuss this. He had sent the Board a letter dated January
Public Defend-
25, 1982 with a six month report attached. He noted that
ers Office
in this six month period they had opened a total of 395
cases and closed 254. He said that they have switched
to the "AMICAS" system for keeping statistics in public
defenders offices. He noted that 16% of the cases that
were closed were dismissed by the District Attorney's
office. He then briefly discussed some of the figures
contained in his report. He said that they anticipate the
summer months being busier for them. He said that because
of this, and due to the fact that the are opening more
cases than they are closing, they may need to consider
hiring a fourth attorney at some point. He said that
starting January 1, 1983 the State will being paying for
all indigent defense. At that point their responsibility
to the Board will cease and they will look to the state
for any further contract. There was some further discussion
on the terms of their current contract with the county
and on the state take-over of the courts. He expressed
concern about their contract with the county terminating
in the event of take-over by the state, and if the state
does not choose to contract with them, they will be in
the middle of on-going cases with no financial support.
The Board agreed to send a letter to the State indicating
their satisfaction with Crabtree & Rahmsdorff's services
as indigent defense attorneys and recommend that they re-
tain them as indigent defense contractors. There was
some further discussion. Mike Maier, Director of Adminis-
trative Services, asked for direction from the Board to
have himself and Mr. Isham work up a six-month agreement
for the program including budget material. The Board
agreed.
Discussion After review in the previous day's work session, Commissioner
regarding in- Paulson suggested that based on the discussion, they don't
formation col- take any forward type movement, but keep the door open
lected by Bar- in case they would like to take such steps in the future.
ney Cosgrove Chairman Shepard said that they would like to have a pro-
concerning the posal in to the state by February 2 if the county wishes
Jail situation to proceed. He said that if they wish to submit a proposal,
in Deschutes they should notify the State of that intent immediately.
County and Commissioner Paulson and Commissioner Young indicated that
Nearby Coun- they were not supportive of submitting a proposal.
ties
page 5 of 6
Deschutes County Board of Commissioners
January 27, 1982 - Regular Meeting
Request for Before the Board was a request for refund in the amount
Refund of $151.84 to Mrs. Veeck, permit number 81-408. The
Board approved the request.
Financial MOTION: YOUNG moved to approve the agreement between
Agreement Deschutes County and Ross H. Brown and Jackson
R. and Johnnie Frank for the purpose of fin-
ancial arrangements.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Being no further business, the meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
/ss
Page 6 of 6
Ro ert C. aulson, Jr., Commi oner