Loading...
2007-1230-Minutes for Meeting July 13,1982 Recorded 6/21/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS CJ 2007-1230 COMMISSIONERS' JOURNAL 11.1 .1. 11-.1 u-1.IN Mae .Mae min 0612112007 08:55:47 AM 2007-1230 Do not remove this page from original document. Deschutes County Clerk Certificate Page n L' n 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 JULY 13, 1982 - REGULAR MEETING Chairman Shepard called the meeting to order at 10:00 A.M. Commissioner Paulson and Commissioner Young were also present. Amendments to Chairman Shepard read aloud the amendments as listed on the agenda the attached sheet. Being no objections, the amendments were included on the agenda as listed. Public Hear- Chairman Shepard opened the public hearing. John ing Regarding Andersen, Planning Director, explained that the staff Bend Urban has been in the process of negotiating this agreement Area Manage- with the City of Bend. They have received notification ment Agree- from LCDC that they do not wish to participate, however, ment that will not preclude them from initiating an appeal if they choose to do so. He listed the major changes in this document from that of last year's, noting that this clearly defines the process by which each entity will notify the other of proposed applications and hearings and will recognize that within the County the County has decision-making capabilities and likewise in the City, and provides each entity the opportunity to comment. He stated that this document also says that the County agrees to adopt the Phase II Sewer Boundary in the future and that the City agrees to adopt a Public Facilities Plan in the future. He stated that until that time the County will adhere to a sewerage plan which recognizes the Phase II Sewer Boundary. Rick Isham, County Counsel, said that this also contains joint public works construction standards and will facilitate interaction with other utilities in the area. It was noted that the City has not yet adopted this agreement. Being no further comments, Chairman Shepard closed the hearing. Commissioner Young commented that he does not feel that a County official has the right to transfer authority to a City official because it is not within the City official's jurisdiction. He stated that this document encourages interference in the guise of coperation. He added that he would not be agreeable to any document which commits the County in any way to the Phase II Sewer Boundary. MOTION: PAULSON moved the Board adopt the Agreement. SHEPARD: Second. Chairman Shepard said that he felt that this was a step forward in urban area planning. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: NO. PAG E 1 Public Hear- Chairman Shepard opened the public hearing. John Ander- ing Regarding sen, Planning Director, noted that again in this case Redmond Urban LCDC does not wish to participate at this time. He said Area Manage- that this agreement is similar to the existing agreement ment Agree- with the City of Redmond,adding ore precise treatment ment of notification to the other entity. Jurisdiction was more clearly defined as in the City of Bend agreement. It was noted that Redmond Urban Area Planning Commission had not yet made a recommendation on this to the Redmond City Council because at their last meeting they lacked a quorum. Mr. Andersen suggested that the Board not adopt this today, giving them a chance to consider any comments or concerns from Redmond. Commissioner Paulson suggested that this hearing be continued until August 3, 1982. Larry Tuttle, a member of the Redmond Urban Area Planning Commission, said that this would be on their agenda on July 20 and the City Commission would consider it at their meeting the following week. It was the concensus of the Board to continue the hearing until 8/3/82. Public Hear- Chairman Shepard opened the hearing. Mr. Andersen ing regarding stated that this has been submitted to LCDC and they Proposed indicated that they do not wish to participate at this County Pro- time, which does not prevent them from filing an appeal cedural Ord- at a later time. Mr. Andersen went on to explain that inance the Planning Department has received many complaints be- cause of the length of time involved for the hearings process for applications of minor impact, such as conditional uses for mobile home placements. He stated that this proposed ordinance would help to expedite the application process for all involved by making the decision administratively rather than through the hearings process. He explained that notification would be provided to the surrounding property owners when the application is received and they would also be notified later of the decision, giving them the opportunity to appeal it. He explained what type of applications they hope to process in this manner. He said that Mr. Isham had developed this process in such a way that it provides all concerned with due process under the law, yet cuts down the time involved as well as some of the staff workload. It was noted that the decision will include findings, making the staff report unnecessary and the application form will be combined with the notification form, thus eliminating another step in the paperwork. Mr. Isham briefly went through some of the contents of the document explaining the most notable changes to the Board. Myer Avedovech, County Hearings Officer, was present to testify. He noted that this ordinance, if adopted, will have a major impact on his office. He expressed support of the concept, but was PAG E 2 concerned about there being another step in the appeal process on a County level because of this, because an appelant would have to appeal first to the Hearings Officer, then to the Planning Commission, and finally to the Board of Commissioners. As the system is now, an appelant is only heard twice on the County level. There was some further discussion regarding this. Mr. Isham noted that the proposed ordinance would place the burden of supplying a transcript for the record on the appellant, which may be enough of a cost deterrent to prevent frivolous appeals. It was noted that it is legal for an appeal to go directly from the Hearings Officer to LUBA. It was also suggested that in the event of an appeal, it be sent to the Board, who could obtain a recommended decision from the Hearings Officer, or make a decision as to what hearings body should hear the appeal. There was further discussion on this. Larry Tuttle, 935 W. Deschutes, Redmond, Oregon, asked if this would abdicate the right of the Planning Commission to call up an appeal. It was noted that as the Ordinance is written, it would not. Commissioner Paulson said that because appeals of this nature are rare on these types of application, he favors adopting the ordinance as it stands. There was some further discussion regarding frivolous appeals. Being no further testimony, Chairman Shepard closed the hearing. MOTION: YOUNG moved that the first and second read- ings be by title only. PAULSON: Second. Mr. Andersen noted that this ordinance contained an emergency clause, and asked that it not be adopted for two weeks, allowing him the opportunity to get his department prepared for the change. There was some further discussion on when to place it on the agenda for adoption. It was agreed to place it on the agenda July 27, 1982. Comissioner Young withdrew the motion. Request for Before the Board was a request for refund to Jack and Refund Dorothy Mason in the amount of $30. The Board approved the request. OLCC License Before the Board were two OLCC License Renewal Applica- Renewal tions, one for River Woods Country Store and the other Application for Bend Golf and Country Club. It was noted that they did not have filing fee receipts attached, so it was agreed to act on them at this time but sign them after receipts were obtained. MOTION: PAULSON moved to approve two OLCC applications for Bend Golf and Country Club and River Woods Country Store subject to receipt of the filing fee. PAG E 3 YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Supplemental Commissoner Paulson said that because of a n application Agreement he has pending before PUC, he will abstain from any with Resort action in regard to Resort Bus Lines. Mr. Isham Buslines, Inc. explained that they must perform a federal audit in order for Resort Bus Lines to recieve the final $1200 of it's grant funds. The County will pay for half of the cost and the Department of Transportation will pay for the remaining half. MOTION: YOUNG moved to approve the supple mental agreement. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Order #82-268, Chairman Shepard read the order aloud. Providing for MOTION: PAULSON moved to approve order #82-268. Appropriation YOUNG: Second. Transfers VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Appointment Before the Board was memo from John Andersen recommend- to the Des- ing that Nancy Zirkle be reappointed to a term on the chutes County Deschutes County Planning Commission. Planning MOTION: PAULSON moved to reappoint Nancy Zirkle to Commission a four-year term. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Other Staff/ Mr. Keller from the Redmond Chapter of the AARP was Public Con- present and requested that the County help in the cost cerns of providing an awning for shade for seniors visiting the Deschutes County Fair this year. He explained that the insurance was more expensive this year, and the Fair Board was not in a financial position to assist them as in the past. There was some further discussion. The total cost to do this will be about $300, and they are at this time lacking about $140. Commissioner Paulson said that he felt that this should come from private sources, as the County already contributes a set amount of funds to senior programs. Chairman Shepard said that he felt that due to the fact that the fair contributes to economic growth, they should provide this assistance. PAG E 4 MOTION: SHEPARD moved to take $100 out of contigency for this purpose. YOUNG: Second. There was some further discussion. VOTE: SHEPARD: AYE. PAULSON: NO. YOUNG: AYE. Mr. Keller said that the check should be made payable to Chapter 2989 of the AARP, 1016 S.W. 15th, Redmond, Oregon 97756. Being no further business at this time, Chairman Shepard recessed the meeting until the next day. DESCHUTES COUNTY BOARD.,. COMMISSIONERS C SHEPARD, CH IRMAN ROBERT C. PAULSON, JR. COMMISSIONER A BERT A. YOUN/,'_C OMMIS R /ss PAGE 5