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2007-1192-Minutes for Meeting March 02,1982 Recorded 6/20/2007DESCHUTES COUNTY OFFICIAL RECORDS ~~~1.1191 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 111111111 111111111111 .,l, 061201200711:41:33 AM 2007-1199 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting Chairman Shepard called to order the meeting of March 2 and 3 at 10:00 a.m. Commissioner Paulson and Commissioner Young were also in attendance. Amendments to Agreement Between the City of Redmond and Deschutes County. the Agenda It was noted that this item would have to go through LCDC review before the Board can act on it. MP-81-84, Henry Jinings. This was postponed for consider- ation. Discussion Lou Dvorak, Attorney representing Ron Remund, and Mr. Remund regarding were present to discuss this. Mr. Dvorak explained that his Dedication of client is requesting that the county dedicate a public right- Land for Road of-way across a parcel of county land which neighbors prop- Right-of-Way erty belonging to him in the Squaw Creek Canyon area. Purposes Rick Isham, County Counsel, indicated that the new sub-.- division/partition ordinance has a provision for road dedi- cations not in conjunction with land partitions. He said that if the county is desirous of dedicating some property for roadway they can discuss it but they must go through land use procedures to dedicate it. Mr. Dvorak outlined on the blackboard the property involved, denoting property owners and the proposed right of way. Mr. Remund owns property separated by parcels owned by the county and the Griffiths. As the Griffith property is owned jointly by heirs of the estate, they have not had success in locating all the owners, making it impossible to gain access through that property at this time. He explained that the current road goes through that property, but it is not legally deeded for road purposes. Mr. Remund is requesting that the county grant;him a 60-foot right-of- way on their property (which borders the Griffith property) so that he can move the road over onto county land. He said that if the county would agree to do so, he would deed to the county the reserve strip located between his property and the county property, thereby also providing the county access to its land. He noted that he is also having power lines installed to his property beyond the county property which also benefits the county. There was some further discussion. Mr. Isham questioned whether the reserve strip deed was held by the county or Mr. Remund. Mr. Remund was not sure. Mr. Isham said that the normal procedure is that the county holds the reserve strip deeds. It was also noted that this property is being considered for trade with Joyce Barney. Mr. Remund and Commissioner Paulson noted that Ms. Barney has expressed approval of dedicating this strip. Mr. Dvorak said that if the county granted their request they would drop the current action against the Griffith property for access. MOTION: YOUNG moved to initiate proceedings for the transfer of the strip for dedication to the Page 1 of 8 public. PAULSON: Second DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion Rick Isham, County Counsel, and Doug Maul, Facilities regarding Coordinator, were present to discuss this. Rick Isham Contracts and requested the Board to authorize Doug Maul to enter into Agreements agreements that do not require going through the public with regard bidding process without having to come to the Board for to Doug Maul prior approval. He would be authorized to enter into agreements up to a specified dollar amount set by the Board. Commissioner Young suggested that Rick Isham draw up a resolution and have it ready for consideration at tomorrow's meeting. Award of Bids Ralph Delamarter, County Librarian, discussed the problem on Library of a leaky roof in the library building. The job was put Roofing Job out for bid some months ago and only one firm responded. It had been decided by the Library Board to have a metal roof installed and only one firm in Central Oregon could install a metal roof on a building of this size. The bid was from DeGree Construction Company, General Contractor, Whatco Services, Subcontractor, in the amount of $31,680. to replace the entire roof. The Library Board decided to replace the entire roof rather than replace only the portion that was leaking. The metal roof has a 20-year life cycle. The Library Board recommended that funds be transferred to cover the expenditure. MOTION: YOUNG moved to approve a contract with Wh.atco Services to replace the roof on the library building. PAULSON: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Consideration Commissioner Paulson noted that Gerard Appy of Oregon Edu- of Leasing cational and Public Broadcasting Service had indicated in Transmission a letter that OEPBS is greatly interested in bringing Site to Channel 3 to the Bend area. They are in need of a trans- Oregon mission site and are looking for a centralized site with Educational access for repair and which would reach the entire area. and Public They are particularly interested in a site on Awbrey Butte. Broadcasting Commissioner Paulson suggested that the Board pass a motion Service on indicating interest in proceeding to lease them a site. Awbrey Butte MOTION: PAULSON moved that the Board proceed with leasing the site on Awbrey Butte to OEPBS for a transmission site subject to any approvals required by the city and subject to their satisfying all requirements of the county that would curtail any possible interference with other transmitters on the site. YOUNG: Second Page 2 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting Chairman Shepard noted that he had talked with Mr. Appy and that he will take a tour of the site to make sure it meets their needs. There is some question whether there is sufficient space at the site. Richard Oberdorfer, Western Radio Services, noted that they have a site on Awbrey Butte. He mentioned that the outcome of a BLM study indicated that high-powered broadcasts are incom- patible with other users. Western Radio Services current- ly maintain radio equipment for the Sheriff's Department and the Bend Fire Department. Commissioner Paulson noted that Channel 21 has a tower there now. Mr. Oberdorf er stated that Channel 3 is much closer to the frequency currently being used by the county and city. He also noted that because Channel 3 is VHF the antenna is quite massive. Chairman Shepard commented that the Channel 21 tower is about 170 feet high and the Channel 3 tower would be about 200 feet high. Chairman Shepard mentioned that it might be appropriate to word the motion to say that the Board is interested in working with OEPBS to find a site. VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Clarification Commissioner Paulson wanted to clarify the land exchange regarding Land with the Bend Parks and Recreation Department discussed at Exchange with the February 16, 1982, meeting. A motion had been passed Bend Parks and to approve the exchange of seven pieces of land and one Recreation was totally in error in that it was a piece of state property. On two others, the exact location was not quite right because the parcels would have extended into BLM property. Commissioner Paulson suggested that the actions of February 16 be corrected. MOTION: PAULSON moved that the parcel of land previously indicated as being donated to Bend Parks and Recreation, Township 17, Range 11, Section 4, Tax Lot 1303, SW of Tumalo Reservoir be deleted since it is not in county ownership. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE MOTION: PAULSON moved to withdraw the donation to Bend Parks and Recreation of Township 16, Range 11, Section 19, Tax Lot 1400, 280-acre parcel NW of Tumalo Reservoir. YOUNG: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Page 3 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting MOTION: PAULSON moved that the Board agree to proceed with negotiations to exchange of land between Diamond Intp-rrrational andf_fhe county. The county parcels being considered for exchange are in Township 16, Range 11, Section 30, Tax Lot 1400, SE 1, of NW k and SW4 of NE 4, each being 40 acres. YOUNG: Second Commissioner Paulson noted that Mr. Vince Genna, Bend Parks and Recreation Department, felt that it was important that this be done quickly because of the ever-changing status of Diamond International. VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Commissioner Paulson stated that the other four parcels remain as they were before, which is the portion of the east boundary of Shevlin Park and a portion north of Century Drive and near the demolition dump. Mr. Isham noted that Mr. Genna was concerned about his liability in regard to the demolition dump while it is in operation by the county. Chairman Shepard stated that all concerns will be worked out before anything is signed. Contract Jane Kirkpatrick, Director of the Family Counseling Clinic, Modification was present to discuss this. Rick Isham, County Counsel with Mental , reviewed the contract modification and expressed some con- Health cern about the special conditions. Jane Kirkpatrick ex- Division plained that the Family Counseling Clinic subcontracts witha private non-profit organization, the Deschutes County Council on Alcoholism. The Deschutes County Council on Alcoholism has had financial problems and applied to the state for emergency assistance. The state granted the Council on Alcoholism $20,000. When the state contract arrived, it contained a condition which stated that the contractor needs to obtain agreement from the Deschutes County Council on Alcoholism that they will pay those back debts with other than state funds. State money cannot be expended for one biennium for debts incurred in the previous biennium. The Council will use funds from other granting sources to pay the back debts and use the state money currently. MOTION: YOUNG moved that the Board approve the contract modification with the Mental Health Division. PAULSON: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Page 4 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting Discussion Rick Isham, County Counsel, presented this to the Board. regarding This was a land sale of two pieces of property eventually Request for involving four parties. Party 'A' originally owned the Redemption two pieces of land. He sold one to Party 'B' and one to Party 'C'. There was a mistake on the boundary descrip- tion of the two deeds which reflected that part of the parcel owned by Party 'B' was included in the boundaries of the parcel owned by Party 'C'. Although Party 'A' filed a correction deed, the assessor's office did not pick up and record the correction and continued to assess taxes as reflected in the original deed. Eventually Party 'C' defaulted so the county foreclosed on that land which still included a portion of the parcel owned by Party 'B' that had been included in Party 'C's assessment which had been defaulted on. Party 'B' sold his parcel of property at which time it came to light that the correction deed had never been picked up by the assessor's office and, therefore, a portion of the property had been foreclosed on for non-payment of taxes. At this time, Party 'D' would like the county to allow him, under the county redemption statute, to redeem the property for the amount of interest and taxes only - $139. The size of this parcel is 1-2/3 acres. Party 'D' has requested that the county not charge the fees because the county is partly at fault for continuing the mistake. MOTION: YOUNG moved that the Board allow the redemption of the Kingsbury property (Party 'D') for the amount of taxes and interest only. PAULSON: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion Chairman Shepard spoke on a communication received from regarding Raymond Gumpert, a Bend farmer, who had three ewes and Animal Control six lambs killed by a dog. Mr. Gumpert attempted to relating to contact the county dog control officer but the officer Sheep Kill was out of town at that time. The dog returned the following day at which time Mr. Gumpert shot it. The dog had a rabies tag but could not be traced to its owner with that tag. The dog control officer came on the third day and took pictures of the killed and wounded sheep and the dead dog and advised Mr. Gumpert to call a veterinarian. Mr. Gumpert requested that he be reimbursed for his expenses from the county according to county ordinance. His expenses listed totaled $690 - $300 for 3 bred ewes, $360 for 6 fat lambs, and $30 veterinary bill. Marvin Young, Deschutes County Exten- sion Agent, suggested the reimbursement be $135 for 3 bred ewes, $300 for 6 fat lambs and $30 veterinary bill, for a total of $465. Commissioner Paulson suggested Page 5 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting that the Board go by the determination of the Extension Service as a bona fide neutral party. Chairman Shepard noted that the amount would be taken from the Dog Control Fund. MOTION: YOUNG moved that the county pay Mr. Gumpert on the basis of 80% of the value as stipulated by the Extension Service for the loss of sheep. PAULSON: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion Commissioner Paulson noted that in regard to screening regarding applications for the building official he would recommend Procedure for that there not be an outside committee to review the Hiring applications. He explained that he had divided the Building applications into three categories: those who do not Official meet qualifications, those who meet the qualifications at the minimum level, and those who seem to best meet the qualifications. Commissioner Paulson will then pass the applications on to the Board members for their review and suggests they pick the top five or six applicants for interviews. Commissioner Paulson felt the applicants should be sent a letter explaining the recent past history of the department. He suggested a review committee could include the Board, Jan Ward, and anyone else the Board feels should take part. Commissioner Paulson also suggested that the interviews could be conducted in such a fashion where those being interviewed could meet with the members of the Management Team - Jay Langley, Super- vising Sanitarian, John Andersen, Planning Director, and Nancy Smith, Office Manager of Developmental Services - then with the Board. After all of the interviews, the Board would talk briefly with the Management Team members and make a selection. Chairman Shepard felt that the number selected for interviews should not be limited at this time. Commissioner Young stated that he did not want to take part in the interviews. Chairman Shepard noted that if Commissioner Young were to change his mind he would be welcome to participate. Other Staff/ Commissioner Paulson discussed the Reynolds Pond Project, Public which is a joint project between the BLM, Central Oregon Concerns Irrigation District, State Fish and Wildlife Department and the county's recreation committee to revitalize a once-heavily used recreation site. He noted that approval has been gained through the BLM and COID to replace the headgate. A volunteer from one of the support groups will install the headgate. The group is currently trying to locate someone to do major excavation on the pond site. Trucks and other heavy equipment are needed to complete the project. Page 6 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1932 - Courtday Meeting General Fund No comments. Bills/Road Department For Signature: It was noted that this would have to go into LCDC review Agreement before the Board can act on it. Between the City of Redmond and Deschutes County For Signature: MOTION: PAULSON moved that the Board sign Highway 12009 Letter of Federal Aid statement saying that we have com- Compliance in pleted all necessary things in regard to #2009 regard to BROS 1300(3). Dodds Road YOUNG: Second Bridge over VOTE: SHEPARD: AYE COI Canal PAULSON: AYE YOUNG: -AYE For Signature: Before the Board was a financial agreement for the Financial segregation of tax lots for Alan L. Dertinger and Janis Agreement for K. Fuller. the Segrega- MOTION: PAULSON moved that the Board sign the agreement. tion of Tax YOUNG: Second Lots VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE For Signature: Rick Isham, County Counsel, presented this to the Board License to Use noting that BLM has requested that we formalize our Land for the association with the LaPine Lions Club. The license LaPine Lions transfers our rights plus the requirement that it be Park Develop- developed in accordance with the development plan. ment Plan Mr. Isham noted that the development plan needs to be looked at and amended and resubmitted to BLM. The LaPine Lions Club has requested informally that the Board consider the purchase option which is still in the development plan. The grant was for public rec- reation purposes. MOTION: YOUNG moved that the Board sign the License to use Land. PAULSON: Second VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Page 7 of 8 d DESCHUTES COUNTY BOARD OF COMMISSIONERS March 2, 1982 - Courtday Meeting For Signature: Before the Board was Order #82-129, appointing Elizabeth Order #82-129, C. Young Recording Secretary. Appointing MOTION: PAULSON moved that the Board approve Order Elizabeth C. #82-129. Young YOUNG: Second Recording VOTE: SHEPARD: AYE Secretary PAULSON: AYE YOUNG: AYE The Board was recessed at 11:55 a.m. until tomorrow, Wednesday, March 3, at which time there will be discussion regarding contracts and agreements with regard to Doug Maul. DESCHUTES COUNTY BOARD OF COMMISSIONERS lei a Shepard, C airman r R ert Paulson, r., issioner ert A. Young, ommis ner /by Page 8 of 8