2007-1216-Minutes for Meeting May 25,1982 Recorded 6/20/2007COUNTY OFFICIAL el
NANCYUBLANKENSHIP, COUNTY CLERKDS 4d 2007.1216
COMMISSIONERS' JOURNAL 0620/2007 11:50:46 AM
II II) IIIIIIIIIIIIIIIII (I (III
2II7-1216
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
L
C
r
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
REGULAR MEETING - MAY 25 & 26, 1982
Chairman Shepard called the May 25, 1982 Board of Commissioners
meeting to order at 10:00 A.M. with all three commissioners
in attendance.
Amend- Chairman Shepard asked if there would be any other amendments
ments to the agenda other than the two listed on the agenda. There
was none to add and no objections to those amendments as
specified.
Hearing: Chairman Shepard opened the hearing in regards to a transfer
Transfer of property to the Bend Metro Parks & Recreation District.
of Vince Genna was at the hearing and stated that the Parks &
Property Recreation District is anxious to get underway with the project.
to Bend Vince showed a map outlining the areas considered for the
Metro transfer. Rick Isham, County Counsel, clarified that this
Parks & transfer is the area within the Bend Demo site, which is
Rec. Dist 3.187 acres. The other parcels to be transfered are not
being considered today, as Rick has not received the legal
descriptions on them, so the surveys have not been completed.
Vince Genna then questioned how much time it would take to
complete the transfers after the legals have been done.
Rick Isham stated that it would take about six weeks for
the exchange to be completed. Vince stated that he was not
aware that the consideration today was only on that parcel,
but wanted to go ahead with the hearing. He also stated that
he will get the other legal descriptions to Rick as soon as
possible. As there were no other testimonies, Chairman
Shepard closed the.hearing.
MOTION: PAULSON moved to approve Order No. 82-231, to
transfer property to Bend Metro Park & Recreation
District. .
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE..
Hearing: Chairman Shepard opened the hearing regarding the transfer of
Transfer property to the U.S. Forest Service. Rick Isham stated that
of Prop- the US Forest Service had sent over their own deed, which is
erty to similar to that which Rick had drafted, but with more specification.
US Forest Rick suggested to the Board that upon approval they sign the
Service deed from the Forest Service. There was nonpublic testimony
submitted at the hearing. Chairman Shepard closed the hearing.
MOTION: PAULSON moved to approve Order No. 82-225 transferring
property to the U.S. Forest Service.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
MOTION: YOUNG moved to execute the deed relating to Order
No. 82-225 in regards to the above mentioned transfer.
PAULSON: Second.
Page 1 of 6
e
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Hearing: Chairman Shepard opened the hearing on Transfer of Property to
Transfer the City of Bend. Rick Isham, County Counsel, stated that this
of Prop- was general fund property and that he had a agreement regarding
erty to this transfer to forward to the City of Bend. The money for
City of purchase of the right of way is road fund money. This was
Bend approved by the Board sometime ago. Mr. John Joyce wanted to
specify that the property for transfer is between Lafayette
Avenue and Marshall Avenue. The road widening occurs on
the westerly side of Division Street. There was no testimony
given in opposition to the transfer. Chairman Shepard closed
the hearing.
MOTION: YOUNG moved to approve Order No. 82-227 on the
transfer of property to the City of Bend.
PAULSON: SECOND.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
At this time Chairman Shepard acknowledged the presence of
three Bend High School students at the meeting. He welcomed
them to the meeting and asked them to feel free to ask any
questions they may have.
Hearing: Chairman Shepard opened the hearing to the public as a
Plan continued hearing on a Plan Amendment and Zone Change
Amend- relating to Rimrock setbacks. John Andersen, Planning Director,
ment & noted that at the last hearing he had submitted testimony
Zone in regards to a staff report that was prepared and sent on
Change/ to LCDC. It was the response of LCDC that they were not
Rimrock going to be involved. Basically meaning they do not see
any problem at this time, but the Ordinances, upon approval,
will still be sent to LCDC. Also submitted for testimony
by John was minutes of two meetings at which the Planning
Commission discussed this and that no testimony opposing the
ordinance was received. John stated that he would specifically
like to suggest that the Board establish the following findings
in relation to the Ordinances: 1) There was testimony that
the setbacks in existing ordinance were unduly restricted,
creating more private burden than public benefit; 2) that there
was testimony from the Planning Department that the existing
ordinance was difficult to enforce; and 3) that the exiB-tifig
ordinance lacked flexibility to adjust
Dave Jaqua questioned the reference to 6.0402 which talks about
a three-foot setback from and wondered what that covers.
John Andersen stated that that was an exception to the
setback requirements. No other testimony was submitted.
Chairman Shepard closed the hearing.
MOTION: YOUNG moved to hold the 1st and 2nd readings of
both Ordinances No. 82-013 and No. 82-014 by
title only.
PAULSON: Second.
Page 2 of 6
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Chairman Shepard read Ordinance 82-013 and Ordinance 82-014
by title only for lst and 2nd readings.
MOTION: PAULSON moved to approve Ordinances No. 82-013 and
No. 82-014 and to adopt the recommended findings
as submitted by John Andersen.
YOUNG: SECOND.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
Building Commissioner Paulson brought before the Board for their
Security information that he had attended a meeting with administration
to discuss the security of the Courthouse and the Annex.
It was discussed at that time the possibility of changing
the locks and the future possibility of a camera at the
south entrance of the Courthouse for door open and close
after business hours. This would depend on the passage
of the next levy and budget election.
Commissioner Paulson will keep the Board posted on the
project concerning building security.
For
Signature:
Craig Smith brought to the Board for signature Final Plat #254,
Squaw Creek Canyon Recreational Estates, lst Addition.
Ron Remand, land developer for these estates, stated that
he had a check with him made payable to Deschutes County,
and Mr. Graves, County Surveyor. He stated that he had
paid Mr. Cook as a representative for the project and thought
he would dispense the appropriate payment to the surveyor.
Payment was never made to the Surveyor. Mr. Remand stated
that he has now made another payment to the Surveyor and
would like the final authorization to begin development.
MOTION: YOUNG moved to approve Final Plat #254.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Develop- Commissioner Paulson wished to comment on the progress of
mental Developmental Services. He briefly commented on the
Services new employees recently hired and stated that there was
still an opening for a temporary secretary for the month
of June, which would possibly become a permanent placement
depending upon passage of the next budget-ballot. He also
explained about the training of the sanitarians and stated
that it would be a long process. Paulson said each sanitarian
would probably only be able to spend one day a week with the
building inspector on inspections.
Page 3 of 6
Eddy Rick Isham related that Mr. Cole had contacted him and indicated
Land that he wished a partial release of property. Rick stated
Sale that in the past the County has required payment on the
Contract principal prior to the release of any parcel of land.
Mr. Cole is requesting that the Board forego this requirement.
The parcel of land is partitioned into three segments, one
of which Mr. Cole would like released.
MOTION: YOUNG moved to agree to the release of the
Eddy Land sale contract and that this agreement
be drawn up by Rick Isham, County Counsel,
to maintain County security.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Agree- For signature was an Agreement for log sale with Diamond
ment International. Chairman Shepard related that there is a
for Log lot of timber on a piece of land the County would like to
Sale w/ have cleared up. This agreement would provide for the
Diamond clearance of the timber, which the sale of that timber would
Int. be used to make payment to the harvester. Chairman Shepard
requested that-the Commissioners review the agreement for
further discussion at tomorrow's Board meeting.
At this time, Rick Isham requested that the Board authorize
him to accept service from Bob Lovlien on the Janssen case.
This case was discussed at the May 19, 1982 Board meeting.
With Rick doing services for Bob, this would eliminate
a $50 fee throught the Sheriff's Department for Bob Lovlien's
clients.
MOTION: PAULSON moved to authorize Rick Isham to
accept services on the Janssen case for
Bob Lovlien.
YOUNG: Second.
VOTE: PAULSON: AYE.
YOUNG: AYE.
SHEPARD: AYE.
JSC
On-..the agenda for signature was a reso
lution
to implement
Plan &
Juvenile Services Plan and request for
funds.
It was noted
Request
that this Resolution was signed by the
Board
at an earlier
for
meeting but had been put on the agenda
again.
Myer Avedovech
Funds
is checking with the Juvenile Services
Commis
sion to make
sure they had received the Resolution
in this
matter.
Page 4 of 6
Hold At this time the Board discussed a hold harmless agreement
Harmless for an activity held at Shevlin Park last Sunday. Rick Isham
Agree- stated that this agreement should be ratified as the agreement
ment was signed out of a meeting prior to the Sunday activity.
There was some discussion regarding what is defined as a
county activity and just what types of activities should
be held under county liability.
MOTION: YOUNG moved to ratify the agreement.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Oper- Resolution No. 82-026 was presented to the Board by Rick
ating Isham. Rick discussed the changes he had made to the
Levy original draft of the resolution. There were several minor
changes and a change in wording by the Revenue Department.
The statement which was changed by the Revenue Department was
a required change and must be on the ballot for it to be
valid. Rick stated that the only major change was in reference
to the tax rate. He checked with the Assessor and the
increase in tax rate did not exceed the maximum amount.
MOTION: YOUNG moved to adopts Resolution No. 82-026 calling
for a county budget election in Deschutes County.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
MP-82-11 For Signature was MP-82-11, LaPine Fire District property,
Deschutes County. George Read related the facts on this
partition and stated that it was approved subject'--to certain
conditions. The conditions have now been met. George Read
also explained that there may be some hold up on finalizing
this project when it goes through the Portland BLM office.
It has, although, been approved through the regional office.
MOTION: YOUNG moved to approve MP-82-11.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Ms. Pat Gainsforth was present at the meeting to request
that the Commissioners give their authorization to remove
an abandoned vehicle from a piece of rental property.
Evidently, Ms. Gainsforth found that she could not have
the car towed away without signature of the County Commissioners.
MOTION: YOUNG moved to sign the letter authorizing removal
of the abandoned car for Ms. Gainsforth.
PAULSON: Second.
VOTE: YOUNG: AYE.
PAULSON: AYE.
SHEPARD: AYE.
Page 5 of 6
Being no further business, the meeting was recessed until
Wednesday, May 26, 1982 at 10:00 A.M.
DESCHAUTES COUNTY 7BOARD F COMMISSIONERS
f
Cr°PAUL~SON ,RJR-.
/tr
Page 6 of 6