Loading...
2007-1244-Minutes for Meeting July 25,1984 Recorded 6/21/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS U 2001.1244 COMMISSIONERS' JOURNAL 1,,,,„1 06/21/2007 08:59:34 AM 2007-1244 Do not remove this page from original document. Deschutes County Clerk Certificate Page c~ 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 is DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 25, 1984 REGULAR MEETING Chairman Young called the meeting to order at 10:00 A.M. Commissioner Prante and Commissioner Tuttle were present. Amendments to Chairman Young read the amendments to the agenda. the Agenda There were no changes or additions. Continued Chairman Young read a memorandum received from Discussion on Lin Bernhardt, Planning Staff, explaining the James Slater research she has done on the property since the Appeal discussion one week ago. Ms. Bernhardt (action item) researched the creation of the property surrounding the subject lot to determine if the lot was created because it was an isolated parcel. It was determined that the surrounding lots were created after the effective date of the subdivision/partition ordinance. Commissioner Prante stated that the staff has researched the adjoining lots to hopefully find that that this could be considered a legal lot. Commissioner Prante continued that this type of decision is the most difficult because Mr. Slater is a law abiding citizen who pays taxes, works in the community and purchased this property in good faith. Commissioner Prante said that the Board needs to look at the County impact as a whole and because laws are not always just they cannot be arbitrarily disregarded. Commissioner Prante stated that County Counsel has pointed out that divisions of property prior to 1977 were legally created, but after the adoption of the subdivision/partition ordinance all partitioning was required to go through the planning process. Richard Isham explained that the lot was created by sale. It may have been surveyed in 1972, but the surveying did not subdivide the property. Mr. Isham continued that prior to 1977 there was no County provision and a person could sell any property and thereby "subdivide" it. After the adoption of the Procedural Ordinance all property held in contiguous ownership was required to go through the subdivision process. Mr. Isham said that it is his belief that if the County were to recognize the lot and another land owner were to bring action and declare it an improper lot and was correct, the County would assume some liability for the wrongful issuance of a permit. MEETING MINUTES - PAGE 1 Commissioner Prante continued that the decision must be made in light of the potential impact on all taxpayers in Deschutes County. Commissioner Prante said that she would like the Commission to look carefully into the situation of illegally created lots to see if they can be resolved on the basis of specific criteria. Mr. Slater explained that the previous owner went through all of the processes in 1972 and was not aware nor notified that he had to go through the planning process and felt he had complied with all regulations. Commissioner Tuttle stated that Mr. Summers was apparently not a completely ignorant subdivider. He should have been aware of these substantial changes in the subdivision law, being an associate broker of a real estate company. Commissioner Tuttle continued that Mr. Summers did not receive the subdivision approval from the State but was done by someone else and is not transferrable. Commissioner Tuttle expressed his concern that the County is being placed in a problem situation created by the subdivider of the property. Commissioner Tuttle continued that this issue has been discussed in depth and the County is trying to determine a process to deal with these situations, but that he will not support the recognition of this as a legal lot based on the information he has. Commissioner Tuttle suggested that Mr. Slater keep in contact with the County because the County will be trying to find a way in which he may proceed through a due process hearing or something of that nature. Mr. Slater showed the Commissioners the tax statements for his parcel showing 20 acres. Mr. Slater stated that since the County recognizes his lot for tax purposes it should be recognized as a legal lot. MOTION: TUTTLE moved to deny the request for recognition of the Slater parcel as a legal lot. PRANTE: Second VOTE: TUTTLE, YES; PRANTE, YES; YOUNG, NO MEETING MINUTES - PAGE 2 City of Bend's Jay Turley, Assistant City Manager, explained that Request for the request is based on the $440,000 project to extend Land for the runway to the north. The property in question is Expansion of to the north of Powell Butte Highway and is needed for Airport a clear zone to allow restriction of building of any heigth to protect the approach to the runway. Mr. Turley continued that there has been some question about the City and County charging each other various fees throughout the years, and he felt it was unfortunate and should be worked out. Mr. Turley stated that the airport is an important part of the County and economic development for the area. Chairman Young asked what the City had to offer in exchange. Jay Turley stated a viable airport. Chairman Young explained that on June 1, 1977 tfie County deeded to the City 20 acres for the airport in order to obtain a grant to improve the airport (approximately $14,000 worth at time). Chairman Young continued that on July 6, 1977 he asked the City for a waiver of the fees for the Justice Building. The City Commission's decision on the fee waiver was for the City Manager to make an amendment to the Charter so the fee waiver could be allowed. The final decision was to not allow a fee waiver. On May 14, 1980 the County waived the fees on all of the site plan requirements for the City for the treatment plant. On May 13, 1980 the County gave land to the City for the Colorado Street Project. Chairman Young continued that to date the County has invested approximately $700,000 for the Division Street Project. Chairman Young insisted that the County receive something in exchange for this property because he feels it has been a one way street too long. Commissioner Prante stated that it would be appropriate to develop criteria so that when these issues appear there is some understandings and agreements on how they will be handled. Glenn Reed, City Commissioner, stated that this airport is to serve the community and the pilots from all over Deschutes County. The safety factor for the extension of the runway is a major factor for all pilots especially during the summer months. Commissioner Reed said that he looks at this as a County project and as far as he his concerned the City could deed the whole airport to the County. Commissioner Reed continued that he feels the aiprort is a joint project between the County and City and why jeapordize a project that will be a safety factor to MEETING MINUTES - PAGE 3 our pilots. Commissioner Prante stated that she does not intend to jeapordize the project and this will be a good issue to use to establish a system, relationships, and cooperative climite so there can be some long term understandings on how these issues will be handled. Commissioner Prante agreed that the airport is a service to Central Oregon and is a safety factor and a representative from the City and County needs to sit down and establish those procedures. Commissioner Tuttle stated that he supports both Commissioner Prante and Commissioner Youngs suggestion that before proceeding the issues involved be worked out. Commissioner Tuttle said this issue can be worked out in a short period of time and doesn't see it jeapordizing the project. Mr. Turley stated that they are hoping to finish construction before the fall season so are under a time frame and would like to pursue an agreement as soon as possible. Commissioner Prante offered to be the representative for the County in an attempt to come up with an agreement and would like to meet as soon as possible. Signature of MOTION: PRANTE moved to sign the St. Charles St. Charles subcontract as submitted by Jane Kirkpatrick Subcontract and approved by County Counsel. (action item) TUTTLE: Second VOTE: UNANIMOUS APPROVAL Discussion Michael A. Maier, Director of Administrative Services, Regarding Home explained that the Board approved a transfer of the Health Agency Home Health Agency to St. Charles Medical Center Transfer creating a non-profit corporation to continue the (action item) services of the Home Health Agency. Mr. Maier continued that the physical move has been made but there was a problem with the filing of the appropriate paperwork. This discrepency will be corrected by St. Charles and they will refile the papers in a timely manner. However, this will cause a delay in the official transfer of the agency from the County to non-profit status. Mr. Maier said that this was taken into account when the 1984/85 budget was adopted and the Home Health Department was budgeted for a period of three months. The transfer will be delayed approximately three months. The Board of Commissioner will need to draft a letter to the State indicating the change of transfer. MEETING MINUTES - PAGE 4 MOTION: PRANTE moved to sign the letters to Ronald Hansen and Michael Patterson regarding the Home Health program transfer. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Order No. Richard Isham, County Counsel, explained that this 84-210 is some 1983/84 fiscal year work that will properly Regarding Tax show the line item appropriation for Tax Anticipation Anticipation Notes (TANS) which were budgeted for the Sheriff Law Notes Enforcement Levy Fund; it will take the interst earned (action item) on the TANS (approximately $52,000) and transfers into the Law Enforcement Levy Fund; and because the County did not use TANS for this year it will cancel the fund. MOTION: PRANTE moved to sign Order No. 84-210. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Signature of Richard Isham explained that during the budget procees Contract with money was put into the budget for the purchase of a Book Publishing codification service. This will provide the County Co. for Codi- with a code service that will automatically update fication of each time there is an amendment to an ordinance. County Mr. Isham continued that there will be a sufficient Ordinances number of copies furnished to the County which can (action item) be sold. This will result in a cost savings because there will not be a need for staff time to do this in-house. MOTION: PRANTE moved to authorize the Chairman to sign the contract with Book Publishing Company for Codification of County Ordinances. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Signature of MOTION: PRANTE moved to sign the refunds as Order No. presented, Order No. 84-207 - 84-209. 84-207 thru TUTTLE: Second Order No. VOTE: UNANIMOUS APPROVAL 84-209 Refunds of Taxes (action item) Appointments Chairman Young read a letter received from Jane to the Local Kirkpatrick, Mental Health Division Director, Alcohol recommending the following appointments and Planning reappointments be made to the Local Alcohol Planning Council Council: Judge Ed Perkins, new appointment; Debbie Foote, new appointment; John Buell, new appointment; Barbara Preble, reappointment; and Bob Tovey, MEETING MINUTES - PAGE 5 reappointment. MOTION: PRANTE moved to appoint the individuals as present by Chairman Young. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Reappointment Chairman Young read aloud a letter received from to the Solid Neil Hudson recommending Bob Currie be reappointed Waste Advisory to the Solid Waste Advisory Committee for another Committee term. MOTION: PRANTE moved to reappoint Bob Currie to the Solid Waste Advisory Committee. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Commissioner Tuttle explained that there is currently an absent position on the Solid Waste Advisory Committee and he recommended Patricia Porter be appointed to that position. MOTION: TUTTLE moved to appoint Patricia Porter to the Solid Waste Advisory Committee. PRANTE: Second VOTE: UNANIMOUS APPROVAL OLCC Liquor Before the Board of Commissioners were the following License Liquor License Renwal applications: Paulina Lake Renewal Resort; Marcello's Italian Cuisine; Deschutes Fly Applications & Tackle; Millican Trading Post; Skippers; Mt. Bachelor Sunrise Lodge; Mt. Bachelor Mini Lodge; Sunriver Main Lodge; and Tumalo Store. MOTION: TUTTLE moved to approved the Liquor License Renewals as read. PRANE: Second VOTE: UNANIMOUS APPROVAL Community Michael Maier explained that last week the Board Action Agency approved a request to enact a Community Action Agency Program Grant Program. Mr. Maier continued that the best way to proceed with this grant will be to have the County create a new grant fund within the County budget to allow the funds be channled through the County. Mr. Maier recommended that Mr. Bud Schmidt be hired as .Director on a temporary full-time basis. MOTION: PRANTE moved that the County is willing accept the grant as presented. TUTTLE: Second VOTE: UNANIMOIUS APPROVAL MEETING MINUTES - PAGE 6 Discussion on Michael Maier explained that the Board has received a Used Micro-data letter from Jefferson County indicating that they are Computer Equip- not interest in purchasing the used computer equipment ment of Deschutes County. Mr. Maier requested that the Data Processing Manager seek out other proposals either through agencies or brokerage house. MOTION: PRANTE moved that the Data Processing Manager seek proposals for purchase of the old computer equipment. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Discussion on Richard Isham explained that he had received some Voter Pamphlet communication from the Secretary of State's office Article indicating the necessity for some time lines in respect to the Voters Pamphlet. In order for the County to participate in the State Voters Pamphlet, there must be an ordinance certified by the Sec-retary of State allowing County measures in the pamphlet. Mr. Isham that there might be future issues that the County may want to utilize the pamphlet. MOTION: TUTTLE moved that the County proceed to draft an ordinance authorizing the County to supply information for the Voters Pamphlet. YOUNG: Second VOTE: UNANIMOUS APPROVAL BPA Briefing Commissioner Tuttle explained that represenatives on DC Intertie from Bonneville Power Administration are here to explain some changes in the use of the intertie. Tom Dowanch, Bonneville Power Administration, explained that the DC Intertie extends from The Dalles to southern California. Mr. Dowanch stated that the purpose of being here is to update the County and listen to any concerns there might be. Mark Reynolds, Bonneville Power Administration Engineering Construction Staff member, stated that one of the things the BPA felt was important in this project was the establish landowner contacts, property owner contacts, as well as meeting with people of various counties where the DC line passes. Mr. Reynolds explained that this project is an expansion of facilities at the northern and southern terminal areas. This will not require any physical changes of the transmission line which passes to the east of Bend. Mr. Reynolds said that BPA plans to sell surplus power, which is available at least over the next fifteen years. Mr. Reynolds said that currently the two AC interies and one DC intertie are at the total capacity. Mr. Reynolds continued that the net MEETING MINUTES - PAGE 7 ;a benefit to BPA on this project is near $10 million per month. The environmental impacts of the project are expected to be none or very little. Personal MOTION: PRANTE moved to sign the contract presented Services by Lin Stonelake for William C. Claridge. Contract TUTTLE: Second for Prenatal VOTE: UNANIMOUS APPROVAL Program (action item) Discussion Chairman Young read aloud a letter received from Regarding the American Red Cross asking the County to declare American Red August as Red Cross Month. Cross Fund Drive MOTION: PRANTE moved to instruct Legal Counsel to draft a resolution declaring August Red Cross Month. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Municipal Richard Isham explained that Imperial Leasing, who Lease originally held the lease agreement on the microdata Agreement computer, has sold the lease to Borg-Warning Leasing. for Computer System MOTION: PRANTE moved to authorize the Chairman to (action item) said lease agreement. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Signature of MOTION: PRANTE moved to sign the partition MP-84-4. Partition for TUTTLE: Second Williamette VOTE: UNANIMOUS APPROVAL Savings MP-84-4 (action item) Request for Before the Board of Commissioners was a request for Refunds refund for David Johnston for $5. At this time the Board recessed and reconvened to Executive Session (see Executive Session minutes). The Board reconvened its regular meeting session. Abatement of MOTION: TUTTLE moved to proceed with the abatement a Dangerous of said structure. Building at PRANTE: Second 64335 Redmond- VOTE: UNANIMOUS APPROVAL Bend Highway Discussion MOTION: PRANTE moved to authorize Legal Counsel to Regarding proceed. Violation of TUTTLE: Second Time-Share VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 8 Ordinance Discussion MOTION: PRANTE moved that the County fully Regarding participate in the jurisdiction of Fuls Hearing on case and discussions during the negotiations. Jack Fuls TUTTLE: Second VOTE: UNANIMOUS APPROVAL Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS Alb r oung, hairm Bristow Prgnte, Commissioner Laurence A. Tuttle, Commissioner BOCC : ap , MEETING MINUTES - PAGE 9