2007-1235-Minutes for Meeting July 27,1982 Recorded 6/21/2007COUNTY
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COMMISSIONERS' JOURNAL 06/21/2007 08;55;47 AM
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2007-1235
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
JULY 27, 1982 - REGULAR MEETING
Chairman Shepard called the meeting to order at 10:00 A.M. Commis-
sioner Young and Commissioner Paulson were also in attendance.
Amendments to Chairman Shepard read aloud the amendments listed on the
the Agenda attached sheet. John Andersen, Planning Director,
stated that item #3, Public Hearing regarding Proposed
County Procedural Ordinance, would not be ready for
today because the necessary adjustments in his depart-
ment were not yet completed. Rick Isham, County Coun-
sel, stated that this would have a significant effect on
tonight's hearings before the Hearings Officer. There
was some further discussion in this regard. It was the
concensus of the Board to postpone this until August 8.
Commissioner Young stated that he had two additional
items he would like to add to the amendments and they
were (1) Discussion regarding Krome Redemption Fee and
(2) Discussion regarding Issuance of Burning Permits.
Chairman Shepard also stated later in the meeting that
he would like to add Discussion Regarding Beginning Cash
Balance and Post Office Acquisition with Mike Maier to
Wednesday's agenda. Being rho objections, the amendments
were added to the agenda.
Public Hear- Craig Smith, Planning Department, gave a brief history
ing regarding of this Ordinance. He stated that on January 7, 1982,
Amendment to the Board approved an Ordinance amending the Bend Urban
the Bend Area General Plan as recommended by the Bend Urban Area
Urban Area Planning Commission. The purpose of this amendment was
Plan to facilitate the transportation element of the plan.
He stated that it was also the recommendation of the
Bend Urban Area Planning Commission to rezone this part-
icular area (which he indicated on a map) from general
industrial use only, to general industrial use, light
industrial use and commercial use.
Chairman Shepard opened the public hearing. Charles
Boyd, 20160 Tumalo Road, Bend, came forward. He stated
that he was speaking for his father, Charles Boyd who
owned property in the vicinity. He stated that he was
in support of this change. Chairman Shepard called for
further testimony. Being none, he closed the hearing.
MOTION: PAULSON moved that the Board adopt the change
and instruct staff to prepare the necessary
documents.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
PAG E 1
b
Public Hearing This item was delayed until August 8, 1982.
regarding Pro-
posed County
Procedural
Ordinance
Discussion re- Commissioner Paulson stated that Harold Baughman has
garding Resig- been the representive from the business community to
nation of Har- Central Oregon Intergovernmental Council for the past
old Baughman
seven years. Mr. Baughman is retiring from his position
as the COIC
as Manager of Pacific Power and Light's Bend Office and
Representative
has decided that it would be appropriate to resign from
and his re-
his position on COIC's Board as well. He stated that
placement
COIC had agreed to submit to the Board a candidate to
replace Mr. Baughman, but as yet none has been received.
MOTION: PAULSON moved that they approve the resignation
and thank Mr. Baughman for his service.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
It was noted that Deak Preble is Mr. Baughman's
alternate on the Board but Mr. Preble is not interested
in being the main representative from this area.
Discussion
regarding
Reid School
Exchange
Commissioner Young explained
ed Reid School to house the
been acquired through an exc
Deschutes County and Adminis
At the time of the exchange,
torical Society pledged $50,
note in that amount held by
payment will be due Septembe
Society does not have the mo
be able to get the money. C
the deed for the land exchan
ionary clause which would re
should the property ever be
At this time Judge Bob Foley
Society came forward. He st
rict has agreed orally that
the reversionarv clause from
that the County had acquir-
iistorical Museum. It had
range of property between
:rative School District #1.
the Deschutes County His-
100 and signed a promisory
:he School District. This
1983 and the Historical
iey and does not expect to
)mmissioner Young added that
led does contain a revers-
iert the deed to the County
;old to a non-public entity.
representing the Historical
ited that the School Dist-
.f the County would remove
the deeds on the exchanged
property they would cancel the $50,000 promisory note.
He stated that it was the request of the Deschutes
County Historical Society that the County Commissioners
remove the reversionary clause from the deeds.
MOTION: YOUNG moved that the board of Commissioners
instruct County Counsel to proceed with what-
ever paperwork is required to set up this
hearing.
PAULSON: Second.
PAG E 2
It is necessary for the Board to hold a hearing before
removing the reversionary clause. There was some
further discussion as to how the Board could proceed
with this. Mr. Isham briefly outlined what was re-
quired. He stated that the reversionary clause on the
deeds now held by the School District could be trans-
ferred to the School. There was some further general
discussion on this.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Discussion re-
Vince Genna, Bend Metro Parks and Recreation District,
garding Land
was not present at this time so this item was postponed
Exchange with
until the next day.
Bend Metro
Parks and
Recreation
District
Discussion re-
Mr. Isham explained that he had placed this on the
garding Cable
agenda at the request of Village Cable Company who
TV Franchis-
is interested in having the County consider francising
ing (Village
for TV cable companies in the County. Chairman Shepard
Cable)
called for comments from representatives of the cable
companies. Guy Van Hout, Operations Manager for Village
Cable Systems, came forward. He stated that he is in-
terested in some form of minor regulation of cable
systems in Deschutes County. He said that without
County regulation or franchising, cable TV is a non-
regulated industry. He stated that there was a need for
cable companies to have some kind of guidelines and that
there was a potential for a large company to monopolize
an area, or force a smaller company out of business by
competing unfairly in a small area, and then raise their
rates to whatever price they choose in that area after
eliminating their competitors. He had prepared a docu-
ment for the Board to review which he handed out at this
time. Commissioner Young noted that there is proposed
legislation in the Senate which would deregulate cable
systems completely. There was some further discussion
on this. Chairman Shepard stated that he did not feel
that the Board should delay considering this because of
proposed legislation. Commissioner Paulson expressed
concern about franchising cable systems in view of this
pending legislation, as well as controversy over its
legality which has recently been publicized.
Del Cathow, Prineville Cable company, came forward. He
explained that his company is now in the process of in-
stalling cable in the LaPine area. He stated that what
PAGE 3
Mr. Van Hout is actually seeking is protection from com-
petition. He felt that free enterprise should be en-
couraged and that the company that offered the best
service should survive. He stated that cable was not a
utility but a luxury service. He also explained that it
was not viable for two companies to go into the same
area if it were only two to three hundred residences
being served. He added that if the County does decide
to regulate cable, they should advise Senator Packwood
of their reasoning in doing so.
Chuck Lewis, Village Cable, stated that their reasoning
for this request was for the protection of their com-
pany, but for the protection of the County and its cit-
izens as well.
Mary Chase, Manager of Liberty TV Cable Co., stated that
her company's rates are the same in the county as in the
city where there is a franchise and city regulation.
She stated that the customers in the county do not re-
ceive any less service than those in the city.
There was no further testimony from the audience. There
was some general discussion by the Board. It was the
concensus of the Board not to take action on this at
this time, however they would review the document sub-
mitted by Village Cable and consider the request.
Discussion
Mr. Isham
briefly explained the history of this fore-
regarding
closure.
He stated that the Brittsan's had sold this
Brittsan
property t
o another party who defaulted on their pay-
Foreclosure
ments, so
the Brittsan's forclosed on the property. At
that time
the County held two liens against the prop-
erty, but
did not file an answer to the foreclosure to
recoup the
amount of the liens. He noted, however, that
one year's
taxes had been paid, but there was money
still outs
tanding. He stated that because we had not
filed an a
nswer it would be costly to pursue this. He
requested
direction from the Board on how to proceed.
It was the
concensus of the Board not to proceed in this
matter.
Working Agree- This was postponed until the next day.
ment between
Deschutes
County and
Special Road
District #1
PAG E 4
Ordinance #82- MOTION: YOUNG moved that the first and second read-
030, Amending
ings of the ordinance be read by title only.
the Personnel
PAULSON: Second.
Rules
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Chairman Shepard gave the first and second readings of
ordinance #82-030 by title only.
MOTION: YOUNG moved to adopt ordinance #82-030.
PAULSON: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
It was noted that this will be effective as of this
date. Chairman Shepard indicated that it had been
suggested that this be submitted to the Employee's
Council for their review before becoming effective.
There was some further general discussion on the or-
dinance. It was the concensus of the Board that this
become effective immediately.
Discussion
Commissioner Young explained that on July 7 Fred Krome
regarding
came before the Board to request redemption of a par-
Krome Redem-
cel of property foreclosed on for back taxes. At that
ption
time Mr. Krome expressed unwillingness to pay the $500
redemption fee charged by the County. Commissioner
Young asked Mr. Isham to justify that fee so that the
Board could determine whether or not to charge Mr.
Krome the $500 fee. It was noted that at the July 7
meeting it had been the Board's decision to grant the
redemption but to check with Mr. Isham in regard to the
$500 fee. Mr. Isham explained that the $500 fee was
discussed by the Board about one year ago and it had
been his recommendation that this fee be established for
redemptions. He stated that this was because by the
time the property owner has requested a redemption, the
property has already been added to the County land in-
ventory, the necessary publications have been made in
the newspaper, approximately ten legal documents have
been prepared and filed with the Court and the Trea-
surer's Office has completed all the work necessary for
the foreclosure and transfer as well as process service
performed by the Sheriff. He stated that they must also
check the title of the property to make sure that they
have foreclosed on all parties having an interest in the
property or purchase a title report. They must also
prepare a deed. The Board's time is also taken to hear
the redemption request. He stated that ultimately the
deed is signed and delivered to the person requesting
redemption and if somewhere along the line the County
has made a mistake of some kind they must protect them-
selves. He said that if the $500 fee is not taken up in
the normal procedure, the risk involved is a cost factor
to be considered. He added that if the property were
PAG E 5
sold as is allowed by statute, the
County stands to gain
more than the $500 fee. It was the
concensus of the
Board to stand by its policy of cha
rging a $500 re-
demption fee and write Mr. Krome a
letter explaining the
fee and informing him that he will
be charged that fee.
Discussion
Commissioner Young stated that he h
ad reviewed ORS
regarding
467.380 which requires the Board of
Commissioners to
Burning
issue burning permits in areas not
within fire protec-
Permits
tion districts. He had also spoken
with Charles
Traschel, Cloverdale RFPD, who had
agreed to check with
other fire protection districts in
the area to advise
the Board whether or not they would
be willing to issue
burning permits in areas outside of
their districts.
Mr. Traschel will report back to Co
mmissioner Young
next week.
OLCC Liquor Before the Board were nine OLCC Liquor License Renewal
License applications. The first was for Lava Lake Lodge.
Renewal MOTION: PAULSON moved to approve.
applications YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for LaPine Highway Center.
MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for Deschutes Fly and Tackle in LaPine.
MOTION: PAULSON moved to approve.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for Crane Prairie Resort.
MOTION: PAULSON moved to approve.
YOUNG: Seocond.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
The next was for the LaPine Inn.
MOTION: YOUNG moved to approve.
SHEPARD: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
PAGE 6
The next
MOTION:
VOTE:
The next
MOTION:
VOTE:
The next
MOTION:
VOTE:
The next
Pizza.
MOTION:
VOTE:
was for
PAULSON
SHEPARD:
SHEPARD:
PAULSON:
YOUNG:
was for
PAULSON
YOUNG:
SHEPARD:
PAULSON:
YOUNG:
was for
PAULSON
SHEPARD:
SHEPARD:
PAULSON:
YOUNG:
was for
the LaPine Lions Club.
moved to approve.
Second.
AYE.
AYE.
AYE.
Sundown South Saloon
moved to approve.
Second.
AYE.
AYE.
AYE.
the Tumalo Emporium.
moved to approve.
Second.
AYE.
AYE.
AYE.
in Sunriver.
Covalt Industries, owners of Izzy's
PAULSON moved to approve.
SHEPARD: Second.
SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Agreement be-
Mr. Isham explained that this agreement was between the
tween City of
City of Bend, the City of Redmond and Deschutes County.
Redmond
This provides for the joint maintenance of the firing
and the City
range located north of the Redmond Airport. He gave a
of Bend for
brief history of use and maintenance of this firing
the Firing
range. This agreement had already been signed by the
Range
City of Bend and the City of Redmond.
MOTION: PAULSON moved to approve the agreement
between the City of Bend, the City of
Redmond and Deschutes County in regard
to joint administration of the firing
range.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Contracts
John Andersen, Planning Director, stated that the County
with COIC
had been successful in obtaining four grants from Cen-
for Economic
tral Oregon Intergovernmental Council for economic stud-
Development
ies that need to be done in Deschutes County. He listed
them to be as follows: the first is for and inventory
of industrial land, the second is for an analysis of
land use ordinances, the third is for a conceptual plan
for the industrial land bank north of Bend and the
fourth is for an industrial park plan for LaPine. He
said that he had a recommendation as to who should do
these jobs. He felt that the Planning Department could
PAG E 7
•
do the inventory of the industrial lands, and the funds
from this grant would go directly into the general fund.
He said that Robin Bradley (currently working for the
Planning Department on a limited basis) could do the
analysis of the land use ordinances and that the other
two could be contracted to KM Associates, a consulting
firm located in Portland. Mr. Isham noted that there
needed to be some changes made in the contract language.
MOTION: PAULSON moved to approve the contracts
as outlined with the amendments and the
changes and that the Board sign them tomor-
row.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Order Creat-
Mr. Isham explained that this was
an order creating the
ing Juvenile
Juvenile Services Grant fund and
a resolution approp-
Services
riating the funds. He explained
that this money orig-
Grant Fund
inated from a federal grant for c
risis counselling and
intervention and foster homes for
juveniles.
MOTION: PAULSON moved to approve
Order #82-275.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
MOTION: PAULSON moved to approve
Resolution #82-042.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: AYE.
YOUNG: AYE.
Order #82- Chairman Shepard commented that this will help to re-
269 Estab- duce traffic on Third Street. It was noted that the
lishing a County would pave the road but would not take the
portion of bridge on the road, referred to as the Charlie Board-
American man bridge.
Lane MOTION: SHEPARD moved to approve Order #82-269.
YOUNG: Second.
VOTE: SHEPARD: AYE.
PAULSON: NO.
YOUNG: AYE.
Final Hearing Mr. Isham noted that due to an error in the description
regarding the advertised, this would be postponed until corrected
Exchange of notification could take place. He will place it on
Real Property the agenda again at a later date.
with Larry
Romaine
Being no further business at hand, Chairman Shepard recessed the
meeting until Wednesday, July 28.
PAG E 8
e
DESCHUTES COUNTY BOAR OF C MISSIONERS
CLAY C HEPARD, CH IRMAN
O . ULSON, R., COMMISSIONE
AL R A. YOUNG C MISSI
/ss
PAG E 9