2017-173-Minutes for Meeting January 12,1987 Recorded 4/19/2017Recorded in Deschutes County CJ2017-173
Nancy Blankenship, County Clerk 04/19/2017 1:55:12 PM
Commissioners' Journal
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Deschutes County Board of Commissioners
Bend, Oregon
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Audio Cassette Recording Titled: WORK SESSION
January 12, 1987; 10:00-11:30 AM.
A meeting of the Board of County Commissioners was held on January 12, 1987.
Commissioners present were Lois Prante, Dick Maudlin and Tom Throop. Also
present were Rick Isham, County Counsel; County Administrator Mike Maier; and
other staff.
Items to be addressed at the next Board business meeting.
The meeting at the Governor's Office last week went well, with six regional
officials in attendance. There is support for getting more things happening in
Central Oregon.
Jim Turnwell from La Pine explained that he is representing seniors in the area
(the Hatfields, the Hahns, and the Prices) regarding road improvements. He lives
adjacent to Sherri Way.
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 1 of 6
This goes back to 1976, when lot 7800, owned by the County, was surveyed and
cleared the lot, and put a base on the road. They continued Sherri Way to
Dorrance Meadow Road. For a few years, the County graded the roads and did
snow removal, and then abandoned it.
He tried to find a vacation in the records and could not find one. He requested
that this be reviewed. When the County graded the road, they created a berm at
the property lines and in the winter, the snow and water cannot run off the
properties, and the residents are unable to get off their property to Dorrance
Meadow Road.
The Commissioners had responded that the road was improved originally to
provide for easy access for the residents. The Road Department has stated that
they were plowing this road, but the operator said he was not aware they were
not supposed to do it.
He found a document from 1980 showing the County property is a perpetual
easement for fish and game. It was dedicated through to Dorrance Meadow
Road, which is a County road. Part of Sherri Way was also dedicated for this
purpose. He has done more research to find out what this means, and
determined that a dedicated County road is one that must be maintained.
He asked how the Board would like to handle this. It needs to be improved to
some level so there is proper runoff.
Road Department staff has investigated this, and it would be up to the Board to
determine this. One act is the dedication, and the other act is acceptance. He
cannot find any documentation that shows this was set aside for road purposes.
A perpetual easement is for rural purposes. The Board must take action after a
public hearing to obligate the County to maintain this kind of road.
A public road is not necessarily maintained. It means dedicated for public use.
Mr. Turnwell feels that a County road is a County road, but he knows that the
County does not maintain all of them for whatever reasons. Ms. Prante said that
public access or right of way is not necessarily maintained by the County. Mr.
Turnwell asked that they make a one-time improvement to what is there.
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 2 of 6
The request is not for ongoing maintenance, but to get the road and berms to a
point where they are able to do the maintenance themselves. It should take a
minimum amount of work to get it done.
Ms. Prante said that the County has over 600 miles of road to handle, and if this
was the only problem road, she'd support just going forward. However, they
have to consider all the rest as well. The Board asked for some options to be
presented within the next couple of weeks.
The City of Bend is interested in reducing the amount of time that the Bend Urban
Area Planning Commissioner would serve under the City. It is a joint City -County
Planning Commission. They have not proposed anything firm yet, but feel that
four-year terms are too long. There are pro's and con's to this. The Redmond
Urban Area Planning Commission is also a factor, and they should be somewhat
consistent.
Mr. Maudlin observed that if a Planning Commissioner tends to agree with the
City, a longer term is wanted by the City. If they don't agree, the City wants the
person gone sooner. He feels that they be appointed in a similar fashion as the
Budget Committee. They start out staggered so you don't end up with all of them
termed out at the same time. Sometimes they have a hard time getting people
to serve at all. Generally, they are eligible for two four-year terms.
Mr. Throop agreed that this is a good middle ground. It takes a while for anyone
to get up to speed. If they are not working out, they can be denied a second
appointment. This is common at the State level. He wants to know why there is
a perceived problem and wants to know if someone thinks there is a better
scenario. A lengthy discussion took place about the issue.
Benham Falls hydroelectric project. There was a long discussion about this
diversion proposal, with comments due by January 23. Staff wants to know if the
Board wants them to comment and where they stand on the issue.
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 3 of 6
The original denial certification was remanded by the Court of Appeals. The Court
felt that because DEQ required full compliance with County land use planning,
and did not consider the extent of the impact on water quality, this needs to be
examined. (Mr. Isham referred to a handout and maps.) There was a long
discussion about water -related issues.
It was felt that the County could do an independent review and file comments on
the proposed project, or could defer to what the DEQ comes up with. The DEQ
doesn't want to do anything until the County indicates whether this project is
compatible with land use planning.
The Courts struck down this DEQ opinion, and wants the County make the
determination under the Clean Water Act. So the County has to provide an
opinion on the portions of its land use plan relating to water quality. These
ordinances of the County were not appealed, so are a valid part of County law.
County Counsel feels that this information should be provided to the DEQ so they
will have all the information needed. This may help to develop some continuity
between the DEQ and the Water Resources Board.
Foreclosures and lot account searches. They received one bid from Bend Title to
do these searches for the County. There are over 350 accounts that need some
research done. The foreclosure action needs to proceed. They started out with
over 400 but some people paid up when they saw the notices in the newspaper.
Perhaps a few more will pay, but the County needs to proceed with foreclosures.
The total tax delinquency is over $800,000. Some of these properties owe for
multiple years. The costs are set by statute, and does not address the actual cost
of doing this. Most of the funds go to the taxing districts.
There is a different process to handle local improvement district accounts that are
delinquent. Some of those might be the same properties.
There was a lengthy discussion about whether to start with the accounts that owe
the most, and whether to utilize Bend Title to start the research.
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 4 of 6
Mr. Maudlin felt that the accounts should be handled on an equal basis, so that
those who don't owe as much don't assume that they can get away with not
paying. The law says they are to collect the taxes in any case and the County
does not want to be remiss. There are some properties that may never be
marketable, however; and it was felt that perhaps they can look at those
differently.
They will start the foreclosure process with those properties where $250 or more
is now owed in back taxes.
The group then discussed the sale process after properties foreclosed and the
County has ownership. There are always people interested in buying these
properties.
Signature of a certificate of completion for the revolving loan fund. This is in
regard to the La Pine sewer project.
Longevity pins and letters.
Contracts with the State Marine Board and the Forest Service for law
enforcement purposes.
Business license application for a wrecking company.
Personal services contract for Mental Health services.
Budget cash transfers for insurance reserves.
Discussion of smoking and non-smoking areas.
Tetherow House occupancy agreement. There are some potential issues with this
property, and it needs further discussion. Mr. Maudlin feels that there is a rental
agreement but doesn't know if it is worth the risk. The house is habitable but the
renter needs to accept it as -is. There are issues with the heating, among other
things. The person can stay there at no cost to maintain the property, as a
caretaker. The tenant has put in a woodstove. The Board said to go ahead.
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 5 of 6
Redemption of property by Fred Krahn, who was a co-owner of property. He has
paid the amount required.
A Bend group is forming a relationship with a "sisters city" in the Soviet Union,
and will be visiting there. They have asked for a letter of support.
The Trap Club property. Operators are meeting this week, but nothing will move
forward until Public Works reviews their roadway plan regarding Brosterhous
Road. This is tied into the Rae Road issue, and County Counsel has asked Public
Works to give these special attention. The Hamilton Road project was deferred.
Staff will talk with Public Works to review its status.
There will be a County retreat at the Inn of the 7t" Mountain on Friday.
Juvenile Center contracts for equipment and labor.
I certify that the above is a true and accurate record of a meeting, as reproduced from a
cassette tape identified as Minutes of a Meeting of the Deschutes County Board of
Commissioners, held on January 12, 1987. This record was completed subsequent to the
presiding Deschutes County Board of Commissioners' tenure.
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Bonnie Baker
For the Board of County Commissioners
Transcription of Audio Recording of a Work Session, January 12, 1987 Page 6 of 6