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1995-42192-Minutes for Meeting May 25,1983 Recorded 6/21/19839542L E D `agi 47 wE, 874 DESCHUTES COUNTY BOARD OF COMMISSIONERS MAY 25, 1983 - REGULAR MEETING JUN 2 1 .1983 Chairman Young called the meeting__t� qx �tr V&&M. Commissioner Tuttle and Commissioner Prante w q4 C Amendments to Chairman Young read aloud the amendments listed on the the agenda sheet attached to the agenda. There was an addition of the discussion of the Awbrey Butte Lease. Continuation of Rick Isham, Legal Counsel, explained that he had met discussion re- with Bill Gibson, Enforcement Officer, had visited the garding pre- property, and reviewed some photographs of the existing Non- property and explained that the property was conforming use recognized as a non -conforming use from a long on Sabin -Carter standing because prior to the zoning on the property property - this type of use was a permitted use and the A. Young activities were recognized as valid by the Board of County Commissioners. Legal Counsel stated that the property owners were not exceeding the scope of the non -conforming use and he recommended to the Board of County Commissioners that no citation be issued. Commissioner Young stated that he had visited the site on several occassions and found no citation. Commissioner Young read a reply that came from the District Attorney's office regarding this case and the District Attorney felt that this would be best handled as a civil infraction. Commissioner Tuttle stated that he had also visited the site and to issue a citation that a potential violation existed is not practical or a beneficial approach and he recommended that, if in the opinion of the neighborhood, there is a need to determine if this is a violation of the previous agreement it should be a civil action apart from the Citations Ordinance of the County. Commissioner Prante stated that for this issue to be resolved it should be legally decided. MOTION: TUTTLE moved to not issue a citation on this matter and not to take any formal stand on it. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. MAY 25, 1983 MEETING MINUTES; Page 1 ICEYr_197 C� �'-� u V111 rt, c I { Discussion re- Floyd Herring, 64689 Boonesborough Drive, Bend, came garding Boones- forward on behalf of Boonesborough Subdivision which burough Sub- he developed. Mr. Herring asked if the County would division - accept the roads in Boonesborough Subdivision I. Mr. Floyd Herring Herring stated that the roads were built to County specifications. Neil Hudson, Public Works Director, stated that after reviewing all the information on this issue there were a lot of problems to the effect that the roads were not built to county standards. Mr. Hudson explained the background of the roads in this subdivision and explained that if the County were to maintain these roads a great deal of money would have to be spent to bring the roads to a standard that could be maintained. MOTION: TUTTLE moved that if the roads can not be accepted into the County maintenance system under the standards that have been established for acceptance, the Board of County Commissioners instruct the County Public Works Department not to accept them into the maintenance system. PRANTE: Second. VOTE: UNANIMOUS APPROVAL Discussion re- Mike Maier explained that a recent memo had been garding generated to the Board of Commissioners explaining Employee Health that the change from AOC/Blue Cross to KMSB Insurance and Dental was beneficial to the County. The contract with KMSB expires July 30, 1983 and the staff recommends that the County accept the new program. MOTION: TUTTLE moved to accept the KMSB Policy Proposal for the period beginning August 1, 1983. PRANTE: Second. VOTE: UNANIMOUS APPROVAL Appointment Commissioner Young read the letter from the River Bend of Member to Estates Special Road District recommending Gerald A. River Bend Moss to be the next commissioner of this district the Estates Special term being from July 1, 1983 to December 31, 1986. Road District Board of MOTION: PRANTE moved to appoint Gerald A. Moss as Directors Commissioner of River Bend Estates Special Road District. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL Final Plat MOTION: PRANTE moved to approve final plat #633, #633, Butler Butler. MAY 25, 1983 MEETING MINUTES; Page 2 v01L 47 PAGE 876 TUTTLE: Second. VOTE: UNANIMOUS APPROVAL Request for Before the Board was a request for refund from the Refund Community Development Department for Robert E. Mackey in the amount of $251.68 because he could not obtain sufficient financing. The Board approved the request. Discussion re- Commissioner Tuttle explained that the programs that garding Dial -a- were initiated by the 1982-83 A Levy were tied to this ride - Eileen year's levy and were inpacted first. These programs Donaldson were effected less severely than other programs. Commisioner Tuttle recommended to the Board that it would not be an advisable action on the part of the Board to cut back this year's programs, but it will have an effect on next year's program. Commissioner Prante explained that the cuts had to be spread evenly throughout the County. Don Pence, 62329 Wallace Road, Bend, came forward and wanted to thank the dedicated citizens who helped to provide a meal site for those who need the service. He explained that many of these people who need these services rely on the dial -a -ride for transportation. Barbara Bagg explained that she felt this program is very important and takes precedence over other programs. Ilene Donaldson explained that the most of the phone calls received by the Board were from residence of Greenwood Manor who depend on the dial -a -ride. MOTION: TUTTLE moved to continue to disburse the funds allocated in the 1982-83 year for the Dial -a -ride program until the end of June. PRANTE: Second. VOTE: UNANIMOUS APPROVAL MAY 25, 1983 MEETING MINUTES; Page 3 Board Approval of Annual Pro- gram Evalu- ation, Board Approval of Deschutes County Home Health Agency Policies and Proposed Grant Appli- cation Approval - Helen Durant VOL 47 FACE 87'7 Helen Durant explained that there were some small things addded to the record portion of the policy. The grant is an emergency expenditures grant. The purpose is to train professionals or expand home health services to under served areas. They propose serving Northern Klamath County with this grant money. MOTION: PRANTE moved to approve the Annual Program Evaluation. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to approve the Home Helath Agency Policies with the additions to the record portion. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL MOTION: TUTTLE moved that the Board permits the Home Health Department to make application for a grant for expansion of Home Health Services. PRANTE: Second. VOTE: UNANIMOUS Resolution Commissioner Young read the resolution calling for the #83-019 Sheriff's Levy Election, setting a date and a Calling for publication for the newspaper. the Sheriff's Levy Election - MOTION: TUTTLE moved to adopt Resolution 83-019. R. Isham PRANTE: Second. VOTE: UNANIMOUS. Lease Addendum Rick Isham explained that this is a continuation of with DJL South Center Lease as previously approved by the Oregon Limited Board. - R. Isham MOTION: TUTTLE moved to sign the Lease Addendum. PRANTE: Second. VOTE: UNANIMOUS. Order 83-168, Commissioner Young read the order. Appointing Annette MOTION: PRANTE moved to adopt Order #83-168. Pearson TUTTLE: Second. Assistant VOTE: UNANIMOUS. Recording Secretary for the Board of Commissioners - R. Isham Awbrey Butte Rick Isham explained that there is a request that the MAY 25, 1983 MEETING MINUTES; Page 4 r v01 47 PAGE 878 Lease Agree- Board hold a informative session regarding the leases ment - R. for Awbrey Butte at 3:30 P.M. this afternoon. Dave Isham Jaqua, 1655 W. Highland, Redmond, explained that the reason for this discussion is the appeal hearing on this issue on June 1, 1983. He explained that if the issues could be resolved with the County the appeal would not be necessary. At this time the Board recessed until 3:30 P.M. 3:30 P.M. Dave Jaqua explained that they would like an amendment Awbrey Butte to a recent letter that was sent to or a withdrawal of Lease Agree- the letter from Legal Counsel. This would provide ment - R. continued occupancy by Western Radio on this site Isham until the new lease can be completed and an offer to Western Radio of a new lease for the site with the understanding that this would be the same lease that is offered to the other tenants of Awbrey Butte. Rick Isham, Legal Counsel, explained that the lease has an interference resolution and a policy statement which indicates that certain uses would not be appropriate on the sites. MOTION: PRANTE moved to direct Legal Counsel to withdraw the previous sent letter to Western Radio and prepare an amendment of that letter to indicate that upon the completion of the lease form and the adequate assurances relating to the issues raised, a lease be prepared for Western Radio for presentation to the Board when the other leases are presented. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL Personal MOTION: PRANTE moved to accept the personal services Services contract. Contract for TUTTLE: Second. Hearings VOTE: UNANIMOUS APPROVAL Officer - R. Isham MAY 25, 1983 MEETING MINUTES; Page 5 VOL 47 PAcE879 DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOUNG, CHAIRMAN LO�S/$RISTOW PRANTE, COMMISSIONER LAURENCE A. TUTTL'E, COMMISSIONER MAY 25, 1983 MEETING MINUTES; Page 6