2017-118-Minutes for Meeting August 26,1985 Recorded 3/23/2017Recorded in Deschutes County CJ2017-118
Nancy Blankenship, County Clerk
Commissioners'Journal 03/23/2017 11:54:16 AM
For Recording Stamp Only
Deschutes County Board of Commissioners
Bend, Oregon
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Audio Cassette Recording Titled: WORK SESSION
August 26, 1985, 10:00-11:30 AM
A meeting of the Board of County Commissioners was held on August 26, 1985.
Commissioners present were Richard Maudlin, Lois Prante and Larry Tuttle. Also
present was Rick Isham, County Counsel.
Letters were sent to the Board by Josh Marceau and others regarding the license
of the Mt. Bachelor parking lot on the west side. Rick Isham explained that a
license will be prepared for the next business meeting. The details are fairly
straightforward, except for the term and amount of consideration. It is longer
than anticipated but there might not be any other uses for the property. They will
accept any liability and provide insurance.
The County would be responsible for protecting the public from other areas
nearby that are potentially hazardous. Mr. Isham said that the County is already
responsible for this anyway. Part of the site plan requirement is to have proper
barriers and signage. They won't be fencing it. It would be gravel or cinder. If
anything goes wrong in the parking area, the County would be involved if there is
any negligence. There is hardly any activity there but sometimes school children
cut across the property already.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 1 of 7
There is a site review committee in place. The Planning Commission will also be
involved.
The group discussed appointing Tom Throop to the Elderly and Handicapped
Transportation Advisory Committee, with the funds coming from cigarette taxes.
Regarding Mr. Kurz, Mr. Isham said he did more investigation as to how to direct
his activities, but he works at the direction of Ann in the Legal Office, with
patients that are referred from County people. They are under the arrangement
to pick up his liability and malpractice insurance. There are virtually no elements
of independent contractor status, so after this month they will put him on as a
part-time employee. Ann has agreed. This means there will be certain
deductions through payroll. Mr. Isham will inform Mr. Kurz of this.
To be on the next business meeting:
Temporary Permit for Linda Marlette (?).
Site Plan Agreement for Eagle Crest's sales office. This will be a permanent
structure.
Site Plan Agreement Development Agreement for Angie Luckman.
Major Land Partition and Dedication for Keith Cyrus.
Order 85-110, Accepting the Engineer's Report and Setting a Hearing on the
Proposed Assessments Road Improvements for Special Road District No. 1.
Signature of Collective Bargaining Agreement between Deschutes County and
the Sheriff's Association. Mr. Isham said there were some changes to this, as a
result of the Garcia decision on overtime and comp time, plus some minor
changes regarding using up leftovers in the jail kitchen and a few other things.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 2 of 7
Ms. Prante said she was asked by the Extension Service to be on a panel, so she
will be gone a few days for this.
Mr. Isham stated that there is a meeting with Judy Stiegler today. They will
require the Juvenile Services grantees who are not municipalities or part of the
County to sign a subcontract for provision of services.
There was a past request for a redemption of property with part of this a request
for a waiver of the $500 redemption fee. The question was whether this has
been allowed in the past. Mr. [sham pointed out that the County incurs expenses
during this process, so the owners should be responsible. The County has to
acquire the property through judicial foreclosure. The interest and penalties
don't cover costs. Most of the funds go to the taxing districts anyway. There are
additional costs when someone wants to redeem the property. In most cases, if it
has been more than a year since acquisition, there has to be a new title report as
well. This comes out of the $500.
Ms. Prante said that people know if they have not paid their taxes, and can't
expect the County to forgive this and have other taxpayers cover it. Mr. Isham
said they went to a three-year from a four-year grace period, and this looks like
the worst year ever for unpaid taxes. Many of the properties have considerable
value.
At this point, the County is not required to let someone redeem the property at
all, since it is past the statutory redemption period. It is at the Board's discretion.
There is also an element of risk that there are other claims against the property
that are unknown to the County. Those claimants may not know that they can
reattach a claim. Prior lienholders may have been aced out, but it is up to them
to follow what is going on.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 3 of 7
The Board feels that there should be a $500 redemption fee to at least cover the
costs to the County, and to be fair to the taxing districts. The title report clears
everything for the County during judicial foreclosure.
The Commissioners will be meeting with representatives of the State Veterans'
Services next week to see if more can be done to address the local Veterans'
Services Officer situation.
Consideration of a real estate transaction will be handled in executive session.
Mr. Isham said that the parking lot at the Human Services building is being paved.
Industrial Land Discussion.
Mr. Maudlin said he talked with John (?) about the 1600 acres north of town, on
the basis of beginning to zone it as heavy industrial property. Everyone says there
is a lot, but there isn't. One reason he would like to start on this process is that he
has a sample application for funds from the Intergovernmental Relations
Department, for infrastructure in that area. He also received from Jim Curtis an
application for funds for property that does have someone coming in to build.
They already have this lottery money. He would like to continue looking into the
property in La Pine as far as zoning is concerned there, too. So as soon as they get
any kind of word from anyone that they are coming here, he wants them to be
prepared with the forms.
He talked to George Reed about the property located east of Redmond in the
heavy industrial area, and there is a property on Antler that is presently zoned
right, but there is no access to it. Mr. Isham said Brooks leases 80 acres there
from the County. Mr. Maudlin said this is another area that could be considered
by others. Mr. Isham said that there are also 480 acres of industrial located south
of the Airport. About 20 is within the UGB and zoned light industrial.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 4 of 7
They are negotiating with Mr. Spencer on Highway 97 to acquire approximately
five acres in exchange for a property on the west side of the Burlington Northern
right of way, to provide an access corridor into the 1600 acre parcel.
Taylor Grazing Advisory Committee.
Sue (?) talked about the Hampton Butte project. There needs to be a contractor
with heavy equipment for this project. Some of the materials is already on hand,
purchased by the individual from the BLM for $5,500. The County receives a 15%
administration fee for projects from the fund.
Mr. Throop asked if there is any liability to the County when these people install
fencing, water pipes, cattle guards and other things. Mr. Isham stated that it has
to be spent in accordance with statute on projects approved by the BLM.
Ms. Prante said this involves pipe and a cistern. BLM will give more funding if
they get range improvement funding in their next budget. It was explained that
there are few requests for these funds, so it has built up. This is how it has been
used in the past. (There was a long discussion about following the proper
procedures.)
Memorandum of Understanding regarding Preexisting Lots.
The Board discussed the status of these lots and found that this might be a time-
consuming process since there are about 40,000 of them. It was thought they
could make a dent in the numbers with the MOU. They have to go through
subdivisions and partitions to get this sorted out. Then they can quantify how
much remains to be done. There are no funds in the budget for this project.
The Board discussed whether to do this on a case by case basis, but that can take
a very long time. Mr. Isham said the ones that come up are usually the
questionable ones that often cannot be approved. Another way is to recognize all
of the lots and be done with it.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 5 of 7
Mr. Isham stated that there is a risk factor under the slander of title theory, and
there has been at least one lawsuit. It can get complicated when you red -line
someone's lot and you are found to be wrong about it. There are about a half-
dozen difficult cases per year, but the quantity is unknown. It is difficult when
someone comes to the counter and asks about the status of their lot. There is a
time factor involved, and it is not as simple as looking it up in a book.
The County could develop an application process to go through when this
happens, but people will not feel good about having to pay a fee to find out the
status of their lot. A big issue is tax lots, which are not always considered as
creating a legal lot. There is a lot of record law but that doesn't cover all of them.
These seem to be the unrecorded subdivisions where someone could have
divided their forty -acre property into five acre parcels six years ago, but now they
can't. This can come up in any location. Some got special permission from the
Planning Commission in the 1970's but never put into the minutes at the time.
If a property was described by metes and bounds, it may or may not be the same
as a sectional plan.
Ms. Prante asked that this be postponed so that John can provide some more
information on numbers, the time needed and the potential costs.
Bill (?) talked about the Central Oregon Greenhouse on Ward Road, owned by
Robert Newland. It has been vacated and abandoned, but there is a tremendous
amount of inventory there. He has been unable to find Mr. Newland. He also
needs to know how long the use has been abandoned. Several people in the area
have complained about it. He hopes to have some answers soon.
The people who bought it on contract from Mr. Newland gave it back when they
went out of business this spring. Mr. Newland now owns it again. He might be
reachable by phone. He is being sued by them because they claim it did not do
as much business as he told them it would.
Transcription of Audio Recording of the August 26, 1985 Work Session Page 6 of 7
Mr. Isham spoke about the Ryan lease, taking over Redmond Auto Wrecking.
1 certify that the above is a true and accurate record of a meeting, as reproduced from a
cassette tape identified as Minutes of a Work Session of the Deschutes County Board of
Commissioners, held on August 26, 1985. This record was completed subsequent to the
presiding Deschutes County Board of Commissioners' tenure.
Bonnie Baker
For the Board of County Commissioners
Transcription of Audio Recording of the August 26, 1985 Work Session Page 7 of 7
