2007-1214-Minutes for Meeting May 18,1982 Recorded 6/20/2007DESCHUTES COUNTY CLERKDS yd ~~v~~~~~~
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COMMISSIONERS' JOURNAL
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
Courtday Meeting - May 18 & 19, 1982
Chairman Shepard called to order the Courday meeting of May 18 and
19, 1982 at 10:00 A.M. on Tuesday, May 18. All Commissioners were
in attendance.
Chairman Shepard noted the amendments to be made to the agenda. He
stated that the amendments were getting out of control and requested
that the last minute changes be kept to a minimum. County Counsel,
Rick Isham, requested that one other item be added to the agenda being
an Agreement between the City of Bend and Deschutes County, Oregon
For the Joint Management of the Bend Urban Area for discussion. No
objections were made to the amendments.
Wickiup MOTION: PAULSON moved that there be no zone change for the
Juntion Wickiup Juntion item as discussed in prior
Plan meetings. Chairman Shepard recognized that
Amendment this would ,indicate that no error had been made
on the present plan.
YOUNG: Second.
VOTE: PAULSON: Aye.
YOUNG: Aye.
SHEPARD: Aye.
Janssen The discussion of the Janssen Partition was requested to
Partition be held as:.the first item-on the meeting of May 19, 1982
by County Counsel, Rick Isham, as representative Robert
Lovlien could not be present at the meeting today. This
was the consent of the Board and Rick Isham will contact
Bob Lovlien with the new time and date.
Request A request for leave of absence for Ardis Dillon of the
for Leave Assessor's Office was discussed at this time per request
of Absence from Assessor Oscar Bratton. Due to an illness of someone
in California, the need for a leave of absence was requested.
Mike Maier stated that the leave had been approved subject
to the use of vacation time accrued to that point and sick
leave time up to the month of May. At that time it would
be considered for leave without pay.
MOTION: PAULSON moved to approve leave of absence without
pay for Ardis Dillon of Assessor's Office for 30 days.
YOUNG: Second.
VOTE; PAULSON: Aye.
YOUNG: Aye.
SHEPARD: Aye.
Employee Discussion was held regarding the possible retraining of
ReTraining/ an employee who was hurt on the job in the Public Works
Code Department and is presently unable to continue with that
Enforcement position. It has been discussed and suggested that this
Officer employee be retrained to work as a Code Enforcement Officer
for the combination of the Planning, Building and Sanitation
Departments. Training would be by directors of all three
departments. The funding for this position would be backed
50% by the Public Works Department, as they are currently
expending two-thirds of the employee's salary through S.A.I.F.
The other 50% would be paid by the Planning Department via
contingency. Some discussion was held regarding the
employee to be retrained and the value of this re-training.
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YOUNG felt that Mike Maier had a good resolution to solve
two problems by putting an empl.oyee wanting to go to work
back to work, and by obtaining an enforcement officer into
department that need an officer. Maier stated that
this would be an experiment and if after a training period
it didn't work out, the employee could be released back
to SAIF pay. He also mentioned that this employee would
be providing services indirectly to the Road Department
by providing services relating to Ways of Necessities and
road renaming and vacation problems.
MOTION: YOUNG moved to approve Mike Maier's recommendation
for the re-training program for Code Enforcement
Officer, employee to be placed being Mr. William Gibson.
PAULSON: Second.
VOTE: YOUNG: Aye.
PAULSON: Aye.
SHEPARD: Aye.
Capital
Ralph Delamarter & Sherie Smith of Deschutes Co. Library Board
Improve-
were in attendance at today's meeting to discuss the possibility
ment funds
of funds for capital improvement to the library. A memo
for library
had been submitted to the Board of Commissioners prior to
this discussion requested expenditure of funds for certain
improvement such as a copy machine, lamps, painting,
book lift, furniture and shelving and other necessary materials
for the County Library. The funds would come from budgeted
revenue which would not be expended before the end of the
fiscal year.
MOTION: PAULSON moved to approve the request for Expenditure
of Capital Improvement Fund for the library.
YOUNG: Second.
VOTE: PAULSON: Aye.
YOUNG: Aye.
SHEPARD: Aye.
Ralph Smith also related some information regarding a
modular for the school district to be used as a library
in Lapine. They hope to have this initiated by July 1, 1982.
Way of
Paul Speck was present at the meeting to request that the
Necessity-
Thompson Way of Necessity hearing scheduled for June 2, 1982
Thompson
be postponed further. Mr.. Speck related that he had mistakenly
given the date of June 2 as a possible hearing date to the
County Counsel, but due to a prior conflict representative
Mr. Neil Bryant is unable to attend the hearing on June 2.
Mr. Speck suggested that the new date be set for either
June 7th of 8th.
MOTION: YOUNG moved to re-schedule the hearing for Thompson
way of necessity for June 7.
Commissioner Paulson suggested it be scheduled for June 8
as June 7 is a Monday. The meeting was recessed for a minute
to consult Commissioner's calendars.
Meeting reconvened and Paulson suggested the meeting be
held June 8. Also suggested was to hold the hearing at
1:30 PM as Mr. Speck related it may be a lengthy hearing.
MOTION: YOUNG moved to hold hearing for Thompson Way of
Necessity for June 8 at 1:30 PM, in the large
Conference Room A.
PAULSON: Second.
VOTE: YOUNG: Aye.
PAULSON: Aye.
Page 2 of 7
cyypepn. Air-
' LID for
A discussion was held regarding the proposed LID for
Sewer &
sewer and water on Division Street. Dave Hoerning, County
Water on
Surveyor, related that it was nearing the time to begin
Division
grading from Cleveland Avenue on south to Brosterhaus Road
Street
and on the plans for the sewer there is a line scheduled
to go in that alignment that comes from Cleveland Avenue
south. Also several other lines shown in the Phase II
plan that is within the city boundary. Portions of these
areas there are already being served by City water.
Dave stated that he has been approached by several property
owners that are interested in talking and setting up a
meeting to find out how many people they may interest
to form an LID and get the line put in before the road is
built. They do not want to see the road built then have
to go back and tear it up to put in the sewer lines.
Dave told these people he would bring it before the Commission
to get their approval so that the people interested
may get started and form a petition to form the Local
Improvement District. Commissioner Shepard had some
concern that by consenting to this LID at this time would
be setting a precedent and what would happen if they
did consent and then when the agreement went to LCDC
there may be some holdup with the project. Dave also
stated that Phase II must get under way and that after
completion will be turned over to the city, as Phase II
of this project is a continuation of Phase I which is
in city limits. Jay Turley, City of Bend, stated that
it really doesn't matter which phase it is but that the
work they are doing in preparation for this project
would have to be done regardless whether Phase II is
completed or not and regardless where the line are put in.
Dave Hoerning mentioned that the main point of the
discussion was to get an approval from the Board on the
concept of the LID and not the LID itself. Commissioner
Shepard stated he knew this but was concerned with an
implied consent which would be assumed by the property
owners involved that their LID was established.
Dave then related that whether or not consent was given
for the LID the actual work would eventually have to be
started in order to get underway with the lines. The
sooner the start, the better.
MOTION: YOUNG moved to approve the concept of an LID
for the sewer and water lines on Division Street.
PAULSON: Second.
VOTE YOUNG: Aye.
PAULSON: Aye.
SHEPARD: Aye.
Equestrian Rick Isham requested that the discussion on Equestrian Meadows
Meadows Phase II LID Resolution and Engineer's Report be held at
proposed the May 19, 1982 Courtday meeting as the Resolution has not
LID & been prepared yet. This was the consent on the Board of
Engineer Commissioners.
Report
Page 3 of 7
Legal Paulson commented on the idea of dealing with our own
Representa- County Counsel as a legal representative when the Board
tion for is involved with districts such as the 7th Mountain County
Districts Service District. He suggested that the Board set a
requirement that as head of the district, they be allowed
to choose the County Counsel as their representative and
to be reimbursed by the district for services provided by
the County Counsel. Rick Isham was asked for his opinion
on this matter, and was in agreement.
MOTION: PAULSON moved that the County appoint the County
Counsel, Rick Isham, as legal counsel for all
districts for which the Board of Commissioners
act as head of and that this change be effective
as of July 1, 1982.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Land Rick Isham related to the Board of Commissioners that
Exchange the Resolution #82-012 regarding the land change with
Adrian Adrian Wilcox must be postponed. The exchange will still
Wilcox be taking place, but as Mr. Wilcox has entered into a
sale of his property to another party, the procedure
must be started again.to.-be legal with the new party,
although Mr. Wilcox will still be assuming the responsibility
of the land exchange. Mr. Isham stated it will probably
be a couple of months before this item is again ready
for consideration.
Other Jay Turley from the City of Bend brought to the attention
Business: of the Board that the Bend Chamber of Commerce has Mike
Maier as a member of the Commerce but not the Commissioners.
The Board related to Mr. Turley that they are members of
the Board of Chamber of Commerce, but that they were not
getting the letter from the Commerce. Mike.Maier:stated
that he is getting the letter and perhaps only one is sent
per group. Jay will check into this further.
Jim France, County Sheriff, brought before the Board a
possibility of deleting two of his lead supervisory
positions and replacing them with just one Sargeant
position. He stated there seems to be a problem at this
time with discipline and continuity with the two
lead position and believes that by having one sargeant
this problem will be alleviated. Jim requested that
the Board grant him authority to establish this sargeant's
position for the Corrections Division.
MOTION: PAULSON moved to allow Jim France, County
Sheriff, to make the changes to establish
a new sargeant's position for the County
Correctional Division.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Page 4 of 7
Other
Business: Chairman Shepard questioned John Anderson, Planning
Director, if he had seen the letter requesting temporary
placement of a 10'x40' mobile home on land owned by
the Oregon High Desert Museum from Karen Throop.
John reviewed the letter and stated that this had been
discussed before and that the Planning Department did
not have the authority to issue a permit for the
temporary placement of this mobile home. The mobile
home would be used for temporary office and storage
space by the Oregon High Desert Museum while they are
building a new structure. John stated that he was
not really opposed to the conditional use, but that
it was not in his jurisdiction. Commissioner Paulson
suggested that Chairman Shepard look into this further
with John before further discussion. As Shepard has
many other projects on hand at this time, he requested
that Commissioner Paulson check into this for further
discussion.
Jay Turley again brought to the Board new information
regarding the Bend Chamber of Commerce Board memberships.
He related that after checking into this matter further
that the County only has one member named at this time
which is Mike Maier. Jay suggested that perhaps the
County could expend $60 for each commissioner to have
a personal membership on the Board for Chamber of Commerce.
Commissioner Paulson stated that it was his understanding
that the Board did have a membership and that it had
previously been budgeted for. He suggested that Jay
check with Jeri Schutte to find out how much money had
been expended for Chamber memberships last year.
BLM Land
Paulson discussed the letter from BLM saying they had
Trade
met with Rick Isham and John Anderson regarding the
land trade north of Bend and that all was find and
BLM will be going ahead with the project. Rick Isham
stated that he has already ordered a title search for
this land trade. Rick also mentioned that the request
was to hire an independent appraiser but BLM has indicated
they do not want the County to do that as they wish
to use a Portland office. Rick suggested that this
request be granted.
PL-9
Commissioner Paulson had some questions to ask Rick
County
regarding the proposed PL-9, County Procedural Ordinance.
Procedural
One question for clarification was that when action is
Ordinance
taken would the property owners be notified. Rick replied
that prior to the action all affected property would be
notified, but that after action is taken only those
parties which had participated or given comment on the
proposed action. John Anderson also clarified that there
will be written approval as document of any action taken.
MOTION: PAULSON moved to send this Ordinance #82-011 on
to LCDC for consideration.
SHEPARD: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Page 5 of 7
Other Jay Turley once again wished to enter new comment regarding
Business: the Bend Chamber of Commerce. He had checked the matter
over thoroughly and found that only $60 for Mike Maier's
membership had been expended. He suggested that as the
money had been previously budgeted that the three
Commissioners expend monies for membership to the Commerce.
Shepard thanked Jay for clearing up this matter.
Chairman' Shepard noted for the information of the Board
that there is a Planning conference at the Riverhouse
this Thursday and Friday. The cost is $35 per person,
but did not feel that each commissioner should register
if they were not going to be attending much of the
seminar. It was suggested that if one registration
was made the others may want to attend some of the
meetings also. It was the general concensus of the
Commission that registration would be made for Chairman
Shepard and that the other commissioners would be
welcome to attend some meeting also.
Order Order #82-229, Appointing Susan Stoneman as Recording
#82-229 Secretary to the Board of County Commissioners.
Recording MOTION: PAULSON moved to approve Order #82-229 appointing
Secretary the Recording Secretary to the Board.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Vacation The next discussion was in regards to vacation of a portion
Portion of of Sharp Road. Dave Hoerning related that this road provides
Sharp Road access to the Deschutes River, and suggested that no acces
to the river be vacated as there are so few anyway.
MOTION: PAULSON moved to deny the request to vacate a
portion of Sharp Road.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Agreement This item was amended to the agenda at start of meeting.
Between As Chairman Shepard had not studied the agreement yet
City of it was suggested to hold this item until the meeting
Bend & of May 19, 1982. Rick Isham stated that there were not
Deschutes very many changes from the previous document and that
County the sooner it goes to LCDC the faster it will be finalized.
This discussion will be continued tomorrow.
For
Signature: For discussion and signature was a petition for vacation
of a portion of Indian Avenue. Dave Hoerning related
that this piece of road is a small portion of a parking
lot in Redmond by C.O.I. which is still platted.
MOTION: PAULSON moved to approve vacation of portion of
Indian Avenue,and have Chairman sign for County.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Page 6 of 7 This action was signed for the County by Chairman Shepard
as County is surrounding property owner.
Rick Isham mentioned for the information of the Board
that he and John Anderson will be attending a conference
in Baker, Oregon on May 27. Paulson suggested that
the County send Rick and John to.the meeting and also
include a night of lodging, as the distance is far.
MP-81-38 For signature was MP-81-38, Arnold Hansen. Craig Smith
related the specifics of this partition.
MOTION: PAULSON moved to approve MP-81-38 and also
accept the accompanying Declaration of Dedication.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Final Also for signature was Final Plat #401, Plainview Estates.
Plat#401 Craig Smith stated that this was approved in 1978 and
has been legally revived through County procedures.
MOTION: PAULSON moved to approve Plat #401.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Request Request for Refunds as follows:
for 1) Grace Vermilyea, $10.00 receipt #27717, because fee
Refunds was not required for Sanitation.
2) David Corwin, $10.40, receipt #27538, because he
decided not to install wood stove at this time.
3) Clyde Purcell, $3.00 receipt #27683, due to overcharge
on plan check fee.
4)Norm Wild, $10.00 receipt #27648, because no Sanitation
fee.
5) Dick Cooper Backhoe Service receipt #27685, due to
feasibility not required because of existing outhouse and
building on property.
The meeting was at this time recessed until 11:00 A.M.
Wednesday morning, May 19, 1982.
BOARD OF COUNTY COMMISSIONERS
/tr
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