Loading...
2007-1202-Minutes for Meeting April 06,1982 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS U 2007'1201 COMMISSIONERS' JOURNAL 0612012007 11;41;33 AM IIIIIIII IIIIIIIIIIIIIIIIIII IIII 2007-1202 Do not remove this page from original document. Deschutes County Clerk Certificate Page t 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 April 6 and 7, 1982 - Regular Meeting Chairman Shepard called to order the meeting of April 6 and 7, 1982 at 10:00 a.m. on Tuesday, April 6, 1982. Commissioner Paulson and Commissioner Young were also in attendance. Chairman Shep ard noted that there were five amendments to the agenda. There was no objection to these amendments being placed on the agenda. Discussion Diane Nichols, spokesman for the residents of the Oregon regarding Water Wonderland subdivision and about eight other Oregon Water residents came before the Board with a petition with Wonderland approximately 50 signatures which read: "We the undersigned residents of Oregon Water Wonderland #2 do hereby petition the Deschutes County Commissioner's office to enforce the rules as set down in the HUD report and not allow certain parties to flagrantly violate said by building without permits or proper foundations or any other violations of the building code." There was some discussion about possible violations of the county building codes and ordinances. Chairman Shepard stated the information would be reviewed with the Building Official to see if the violations are within county or HUD regulations. Discussion David Bohning came before the Board to discuss his LID regarding assessment on his property in Chapparal Estates. He noted LID Assessment that he has 22 acres and is being assessed $3,000 for road for David frontage, when some neighbors have 5 acres and are being Bohning assessed $1,500. He explained that his property is listed as two tax lots rather than one building site. His request was that the county absorb the amount he felt was an over- charge. Rick Isham, County Counsel, explained that he had talked to Mr. Bohning a number of times indicating the assessment was made in the manner it was because of the recommendation of the Engineer. Mr. Isham also explained there was a seven million dollar bond sale last fall and the Board would not have the power to allow a consolidation of tax lots for assessment purposes at this time. Mr. Isham noted the only thing the Board could do is utilize Road Funds for the purpose of satisfying one of the assessments. Commissioner Paulson noted that hearings had been held and the people were given notice on how the taxes would be levied. Chairman Shepard explained that once the hearings are held and the decisions made there can be no exceptions. Page 1 of 4 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 6 and 7, 1952 - Regular Meeting Discussion Chairman Shepard read a memo to the Board from Rick Isham, regarding County Counsel, noting that John Stenkamp of KBND had Reduction in requested that the Board allow KBND to continue paying Rent on Lease $175 per month on a lease of property east of Bend. The memo indicated that KBND was asking the county to forego the rental increase which will occur on May 1 because KBND is looking to purchase other property and may not utilize this site. There was some discussion if this was an industrial lease based on the prime interest rate. Commissioner Paulson suggested this item be put on the agenda for next Tuesday's meeting and County Counsel can look at the industrial lease policy and arrive at an answer. Review of Commissioner Paulson stated that the Community Development Enforcement Management Team has as one of its tasks bringing together Proposal for a better enforcement procedure for the three departments. the Community Commissioner Paulson noted that John Andersen prepared a Development draft for the Board to consider which has already been Department reviewed by the Management Team. John Andersen, Planning Director, stated the draft points out the processes in existing regulations, ordinances, etc., in the county - building processes: 1) building code viola- tions and 2) fire code violations; planning processes: 1) zoning and sign violations, 2) solid waste violations and 3) noise violations; sanitation processes: 1) subsurface violations, 2) restaurant violations and 3) pools, spas and travelers accommodation violations. Mr. Andersen noted that Building and Sanitation enforcement processes are often dictated by state law and, therefore, out of the control of the county. He noted other problems with code enforcement are lack of time and/or interest by attorney's, other agencies and other departments necessary to prosecute violations; lack of understanding about other departments' processes and the philosophic reasons for certain regula- tions and procedures; lack of staff to undertake the in- vestigation and follow through and use of criminal rather than civil proceedings. Some proposed solutions suggested by Mr. Andersen were~to internalize as much of the process within the department as possible. A process could be: complaint; field investigation; discussion between investigator and violator; correction notice or letter; discussion between investigator and violator; stop work or use notice; informal hearing with alleged violator, investigator and department head; formal hearing - Building Department would be Appeals Board, Environmental Health and Planning would be the Hearings Officer; go to court for either criminal or civil prosecution. Mr. Andersen noted this procedure is Page 2 of 4 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 6 and 7, 1982 - Regular Meeting set up to encourage some kind of negotiating settlement to the process. He indicated that the ordinance would have to be changed to establish this process. Commissioner Paulson stated that John Andersen needs direction from the Board as to how to proceed in finalizing the process. He suggested that Mr. Andersen and Rick Isham should talk about the details then come back to the Board. Discussion Commissioner Young explained this foreclosure of property regarding occurred because the couple were divorced and the party Redemption of living on the property did not pay the taxes. The other Tax Foreclosed party lived out of town so did not read the foreclosure Property notices.and would now like to redeem the property. Commissioner Young noted that the Board is allowed to let them redeem the property if they pay the back taxes, all interest, and expenses incurred in the foreclosure. MOTION: YOUNG moved that the Board allow Mr. William Orner to redeem the property under these conditions. PAULSON: SECOND Rick Isham noted that he would draft an order for the Board's signature. VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion Rick Isham noted that his office is putting together an regarding outline of procedures on road vacations.- petition for Vacations of vacation, costs, etc. This item was postponed to a later Portions of date. 5th Street, Stillwell Street and an Alley in LaPine Discussion Chairman Shepard stated this program needs a motion to regarding set up an account from which funds can be paid up to a Deschutes limit of $2500. He noted the monies would come from an County Wood account which had been set up for Central Oregon Inter- for the governmental Council dues, monies which were not needed Handicapped this fiscal year. and Needy Commissioner Paulson asked if the county would be liable Program if the Board would authorize the grant. Page 3 of 4 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 6 and 7, 1982 - Regular Meeting would have a MOTION: YOUNG moved that the Board take $2500 in Other County Contributions for Central Oregon Intergovernmental Dues and use it to set up an account for Tony Whitney's Wood for the Handicapped and Needy Program. Commissioner Young noted this would pay for the gas and oil on the equipment. SHEPARD: SECOND Commissioner Paulson stated that he would be willing to do this under the guidelines to protect the county and he would vote with the understanding that the county procedure. Commissioner Young stated he would end the motion to read "would be done under proper procedures." VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Approval of Rick Isham stated that this Joint Declaration would Joint protect the county from Workers' Compensation claims Declarations when an uninsured contractor provides services to the for Personal county. Service MOTION: PAULSON moved that the Board approve the Contracts Personal Service Contract. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion The Board of Commissioners had been asked to endorse a regarding statement opposing mining in the Rock Mesa area. Rock Mesa Chairman Shepard stated that all the Board can do is indicate that the county ordinance and comprehensive plan as applying to this area will be followed. It was unanimously agreed upon. The meeting was recessed until tomorrow, Wednesday, April 7, 1982. DESCHU ES COUNTY BOARD OF COMMISSIONERS v 00 /41 a Shepard, airman /ecy lk~obert C. Pau son, Jr., C is ner AJ-Ye-rt A. Yo Co i Toner Page 4 of 4