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1995-18430-Minutes for Meeting January 25,1984 Recorded 2/22/1984DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 25, 1984 - REGULAR MEETING V10L riLED FEB 2 21984 Chairman Young called the meeting to order at 10.00 A. �c is- sioner Tuttle and Commissioner Prante we AMNIN6 W Co. " Amendments to Chairman Young read aloud the amendments as listed. the Agenda There were no additions or changes. Discussion re- Chairman Young stated that this was not a hearing. garding Right of He read aloud a memo to the Board from Dave Way over Chase Hoerning regarding this right of way. It has re - Property cently been determined that the property served access by the right of way is owned by BLM. The Chase's have asked that this easement over their property which was granted in 1975 be nullified. On October 19, 1983, the Board of Commissioners made a motion to nullify the easement withholding final action until it was clear who owned that property accessed by this right of way. This right of way relates to the question of access to the Thompson property, for which the Board had held a Way of Necessity hearing. The Thompson's were at that time granted a Way of Necessity which turned out to be a difficult place to construct a road, so they had been looking at getting a permit from BLM and using the right of way of the Chase property to access their property. Rick Isham, County Counsel, stated that this was now before the Board as a result of a letter from Neil Bryant asking for access from Couch Market Road to the BLM permit. Gary Thrash, Realty Specialist with BLM, Prine- ville, stated that they have been dealing with the Thompson's for six or seven years and a problem developed with a locked gate on the Stringfield property prohibiting the Thompson's access. At that time BLM had recommended that the Thompson's seek access by another route by agreement of neighboring owners or through a way of necessity hearing. He did not feel that the access granted through the way of necessity hearing was reasonable because it's on a 20% grade. He suggested that access be provided across the BLM property if possible. He stated that Mr. Thompson has approval from Tumalo Irrigation District for constructing a bridge. There is the possiblity of access through the middle of the BLM land, but BLM prefers to maintain the route utlizing the Chase easement as JANUARY 25, 1984 MINUTES: PAGE 1 KEY CHER f�IAY 0 1995 this will keep the easement close to the property line. At this time a showed the Board a topograph- ical map of the area. Neil Bryant, attorney representing the Thompson's, noted that former Commissioners Paulson and Shepard had heard the way of necessity proceedings, but Commissioner Young had not been there. He noted that the easement granted at that hearing had not been the easement sought by the Thompson's. After that time, the Thompson's had been advised by engineer Bill Tye that the 17-20% grade would not provide favorable access during the winter months. In an attempt to find a solution, Mr. Thompson had then approached BLM for access. Mr. Bryant then asked that Mr. Isham's letter to Mr. Thrash at BLM be made a part of the record. Based on this letter, Mr. Thompson had gone to Tumalo Irrigation District to obtain a permit to cross the canal. He stated that they had not been advised of the Chase's request to nullify this right of way. Mr. Bryant stated that there was some general law that requires the Board to consider a vacation of a public way to be in the best interest of the public and cannot be done for the sole purpose of benefiting a property owner. He stated that the real estate section of the law holds a requirement that no portion of a road can be vacated if it would deprive another owner of access to their property. He stated that this nullification would effectively deny the Thompson's access unless BLM were to grant them another way. '-He stated that the 1975 documents filed by the Chase's indicate that this right of way is for and in consideration of vacation of another easement. He stated that if the Board vacates this easement they eliminate the consideration given for the vacation of the first easement. He asked that if this were to happen, would the Board get the old road back. He stated that this would provide the Thompson's with a less expensive route to construct a road. Phil Chase stated that in December, 1974 he and his wife and two adjacent property owners petitioned the Board to vacate a public way that crossed the middle of their land but the Board felt that they should not cut off access to the State-owned parcel of 40 acres. To maintain this access, they offered the County the right of way now in question, and this was agreed to on May 23, 1975 between the County and themselves with no one else involved for the sole purpose of making sure that when and if the State needed access to this 40 acres the County would be able to provide it. It has since been JANUARY 25, 1984 MINUTES: PAGE 2 VOL .1 Mfr93.9 determined that this parcel was not owned by the State, but is owned by BLM and is readily accessible through other BLM property. BLM had sent a letter stating that the County did not need to provide them with any access. Paul Speck, attorney representing Phil and Josephine Chase, stated that in 1975 he was the County Counsel for Deschutes County and he was at the initial hearing in which the question of vacation came up. He does recall that at that time the vacation request was made and that the County wanted to protect itself by an easement, because at that time any of the rural land could be divided into 5 -acre parcels. It was never anticipated that anyone but the County would use this access in the event of development of that parcel or need to access that property by the State. He felt that the County might have the ability to sell or grant that easement right solely to the use of the ad- joining parcel in question. From that standpoint, he did not feel that this easement could be used for access to the Thompson property. He also stated that if the road were ever put in the County has the legal responsiblity of maintaining it, and that in order for the County to do so, it must be a County road. In this case, he stated that the Board must consider the expenditure of public funds on the road versus public benefit. There was some further general discussion on the provisions of the agreement between the Chase's and the County relating to road maintenance as well as vacation requirements. At this time, Chairman Young closed the discussion. Commissioner Prante stated that she would like to have the opportunity to go over this in greater length with County Counsel. Commissioner Tuttle stated they had never accepted the offer of dedication, but had agreed that subject to information confirming that this is not State-owned property they would return the offer of dedication. He recommended that the motion that was made at the previous meeting in which they indicate their willingness to withdraw the request for the dedication be upheld and if they can confirm that it is not State property. MOTION: TUTTLE moved that they confirm their action of October 19, 1983 in which they indicated the Board would reverse its request for offer of dedication subject to comfirmation that that 40 acres was not JANUARY 25, 1984 MINUTES: PAGE 3 state-owned property. In other words, leave it at status quo. YOUNG: Second. VOTE: UNANIMOUS APPROVAL. Bend, Inc. In- Tim Johnson, Bend, Inc., stated that they have been formational in operation now for about six months and gave a Presentation brief account of their progress. He also gave each Commissioner a copy of their budget and a Bend, Inc. 1984 calendar. Discussion and Commissioner Prante stated that there had been some Support of the difficulty between the County and the State Mental NIS Process Division on the contractual relations. Deschutes County took a firm stand which has resulted in a consultant coming in to help the counties in their negotiating efforts with MHD. Jane Kirkpatrick, Family Counseling Director, briefly outlined the committee structure and role. Commissioner Prante and Rick Isham are also acting as representatives of the Commissioners and Legal Counsels in this process. She also indicated that there are official observer posts that need to be filled and invited the other Commissioners to participate. She also asked that the Board indicate their support of the NIS process by signing a prepared statement. MOTION: PRANTE moved to sign the statement acknowledging the process and issuing their support. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Execution of MOTION: TUTTLE moved to execute the Right of Way Right of Way Service Agreement for Murphy Road FAS B - for Murphy Road 349. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Neil Hudson, Director of Public Works, stated that garding Recyling they had received two letters in response, one from at Knott Land- Bend Recycling Team and the other from Ron Strobol fill to do garbage burning at Knott Landfill. He stated that the Solid Waste Advisory Committee is still considering these and waiting for more information so they can make a better judgement. The Committee did move for the Board to approve a lease to Bend Garbage Co. and the Bend Recycling Team for a recycling facility. The State has required that all landfills have a recycling facility by July 1, 1986 and by granting this at this time, it would save the County from having to do this at its expense. They are asking for a ten-year lease with JANUARY 25, 1984 MINUTES: PAGE 4 Q a ten-year option beyond that. He noted that all the garbage companies were given the opportunity to participate and public notice had been given. MOTION: PRANTE moved to approve the proposition regarding the recyling at Knott Landfill subject to a proper lease agreement being drafted. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Resolution 84- Mr. Hudson briefly described the fee schedule. 002, Establish- MOTION: PRANTE moved that they adopt Resolution ing Fees for 84-002 establishing fees for the Public the Public Works Department. Works Dept. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Agreement with Chairman Young read this agreement aloud. City of Bend MOTION: PRANTE moved to sign the agreement with Regarding Use the City of Bend regarding the use of of Forest Forest Receipts. Receipts TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Ordinance 84- This item was postponed. 001 Order 84-015, MOTION: PRANTE moved to sign 84-015 vacating a Vacating a portion of Kemple Drive and a portion of Portion of West Campbell Road. Kemple Drive TUTTLE: Second. & W. Campbell VOTE: UNANIMOUS APPROVAL. Agreement with Tom Walker, Century West Engineering, was present. Century West MOTION: PRANTE moved to sign the agreement between Engineering Century West Engineering for the Awbrey for Awbrey Butte Butte site, $18,000 maximum for this fis- Master Plan cal year. If it goes over they must iden- tify other funds in the next fiscal year. There is a seven-day cancellation clause. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Orders 84-005, These are orders setting a hearing for February 22, 007, 009 and 1984. Mr. Isham explained that these are the four 011, Proposed outstanding projects that were paved and completed. Assessment on It appeared that these would be involved in the Klippel Acres, bond sale last fall. April 1 and October 1 will Equestrian Mea- be bond sale dates from now on. dows, Preble MOTION: TUTTLE moved to sign Orders 84-005, -007, Way & NW 35th -009 and -011 accepting the Engineer's St. LIDs Report and setting a date for public hearing of the proposed assessments. PRANTE: Second. JANUARY 25, 1984 MINUTES: PAGE 5 VOL_1 VOTE: UNANIMOUS APPROVAL. Road Vacations Mr. Hudson explained that the Dodds Road vacation for Dodds and is excess after building a new bridge and the Richardson Rds. Richardson Road vacation is a portion that dead - ends into a canal. MOTION: PRANTE moved to adopt Resolution 84-003 and Resolution 84-004. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MP -83-20, Clay- MOTION: ton Smith VOTE: OLCC License for MOTION: Trout House Restaurant VOTE: MJP-83-2, Abbot MOTION: VOTE: TUTTLE moved that they sign MP -83-20. PRANTE: Second. UNANIMOUS APPROVAL. PRANTE moved to approve the OLCC permit for Trout House subject to approval from the Sheriff and receipt of payment to the Clerk. TUTTLE: Second. UNANIMOUS APPROVAL. TUTTLE moved that they sign MJP-83-2. PRANTE: Second. UNANIMOUS APPROVAL. Appointments to MOTION: TUTTLE moved to accept the recommendation Mental Health for replacements and new appointees to the Advisory Board Mental Health Advisory Board. (action item) PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Chairman Young read aloud the memo from Jane Kirkpatrick containing these recommendations. Deschutes Pines MOTION: PRANTE moved to sign Final Plat No. 639. II Final Plat TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. OLCC License MOTION: PRANTE moved to approve the OLCC license for American for American Legion Post and sign by Legion in La- Chairman. Pine TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Request for Before the Board were two requests for refund, the Refunds first in the amount of $30.00 to Endless Summer and the other in the amount of $55.00 to Jack McGuire. JANUARY 25, 1984 MINUTES: PAGE 6 f Being no further business, the meeting was adjourned. VOL 5.1 P -1-T-3 DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOG, AIRM LOIS 61STOW PRANTE, COMMISSIONER '*\4TLE LAURENCE A. T TTLE, COMMISSIONER /ss JANUARY 25, 1984 MINUTES: PAGE 7