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1985-16898-Minutes for Meeting June 26,1985 Recorded 8/21/198585-16893 VOL 65 FAGE 477 DESCHUTES COUNTY BOARD OF COMMISSIONERS JUNE 26, 1985 REGULAR MEETING Commissioner Prante called the meeting to order at 7:30 p.m. Commissioner Maudlin was present, Chairman Tuttle was absent; Legal Counsel, Rick Isham was in attendance. Amendments to Commissioner Prante read aloud the the Agenda amendments to the agenda. Continuation of Commissioner Prante opened the continuation Public Hearing of Public Hearing regarding the Sisters Regarding the Transportation Plan. Sisters Trans- portation Plan Commissioner Maudlin stated that the Board has received letters from the Department of Transportation which explained that the plan, as presently presented, is not acceptable because they are not interested in entering =� c into a cooperative finance agreement until c -- the traffic volume on the road exceeds the need at other locations. Commissioner Maudlin stated that the Board has received some letters from people affected - each of them pledging $1,000. Commissioner Maudlin ` stated that according to the Acting Director of Public Works the County would pay up to $10,000. Commissioner Maudlin recommended that this hearing be set forward one week so planners have an opportunity to offer additional information. MOTION: MAUDLIN moved to set hearing forward to July 3, 1985 at 9:00 a.m. PRANTE: Second. Denyse McGriff, Associate Planner, stated that she had not had a chance to discuss this prior to receiving a letter from Dale Allan and requested that Dave Hoerning might be able to address this subject matter. Dave Hoerning, Acting Public Works Director, talked with Dale Allan at the State Highway Department before he wrote the letter and discussed the construction of the intersec- tion. He was not adverse to the relocation at that point, but he just didn't feel this was the time to build it. There isn't enough traffic there to generate a left turn refuge; however, it could come with future development. v0 65 PAGE 478 Commissioner Prante stated that if the plan were left as presently proposed that it could be done without a left turn lane now and that the left turn lane could be done later when the traffic load demanded. Mr. Hoerning stated that there is currently a left turn lane that serves the existing businesses. Mr. Hoerning stated the it would not be added under this construction contract as presently written. Commissioner Prante stated that the fact that the State is not in a position to pay 50% of the cost has no impact on the ultimate location. Mr. Hoerning stated that at such time that we felt there was a need for it, the County could enter a 50 - 50 cooperative agreement. John Rankin, Sisters City Planner, remarked that they had initially talked about con- struction of the left hand refuge because they thought it could be done cheaper because of the on-gcing construction on Santiam Highway. The cost of construction is estimated at $84,000. Mr. Rankin recommend- ed that the Board not defer, that they proceed and approve the location of the local road intersection as proposed in this revision and then allow the Transportation and Comprehensive Plan to go forward in its approval process and worry about the actual construction of the left turn refuge at a later date. Commissioner Maudlin expressed his concern if Deschutes County enters into a cooperative agreement at $84,000. Mr. Hoerning stated that in talking with Mr. Allan, if the school relocated out there and other businesses started developing along the frontage road the priorities would come up higher. Commissioner Prante stated that she has no problem with supporting the desire of the location of the local community as long it does not affect whether or not it is done at the present time. ( voL 65 FAG E 479 Commissioner Prante stated that the hearing could be continued to enable the planners to offer further information. VOTE: UNANIMOUS APPROVAL. Continuation of Commissioner Prante opened the continuation a Public Hearing of the Public Hearing. on the Lunda Petition for With- Rick Isham stated that the Lundas have drawal from the petitioned the Board of County Commissioners LaPine Special pursuant to ORS Chapter 198-870 to withdraw Sewer District from the LaPine Special Sewer District. The petition was filed by their attorney. The issue to be decided is whether or not it is feasible for the district to provide services to the Lunda property. Mr. O.H. Lunda, 16560 Foss Road, LaPine, stated that when the Sewer District first opened, they had tried to withdraw. Mr. Lunda also indicated that they had originally thought they were out of the District until October, 1984. Mr. Lunda stated that they had met with the Commis- sioners and found that they were in the District; however, it is their feeling that since there are residences and businesses across the road that are out of the District, that they should be removed from the Dis- trict. Mr. Lunda stated that they have one well and septic tank, and recently had a drain field installed; therefore there really isn't any reason to be included in the district. Mr. Lunda requested to be with- drawn from the District because they cannot afford it. Commissioner Prante stated that according to ORS 190,870.4, the County is unable to allow the Lunda's to be removed from the District. - The ORS states that the petition may be approved if it has been, or would not be feasible for the territory described in the petition to receive service. The petition shall be denied if it appears it is or will be feasible for the territory in the petition to receive service. Commissioner Prante VOL 65 PAGE 480 stated that the law says that we can only approve withdrawal if it is not feasible to allow service, which gives the Board no choice. Commissioner Prante stated that if the Lundas could provide information showing why it is not feasible to provide service then the Board could consider it. Mr. Lunda stated that they felt that since their water is good enough and that they have plenty of ground for a septic and drain field, that withdrawal is warranted. Commissioner Maudlin stated the Board realizes that the Lunda's particular situa- tion is unique. However, the fact that they did put in the new drain field and septic tank does not preclude the fact that this area can be served by the sewer district. Commissioner Prante stated that it is very difficult to not allow the Lundas to be removed from the District; however, the law requires the Board to act accordingly. Denyse McGriff, Senior Planner, showed the locale of the Lunda's property and the sewer district boundary on a map, and stated that the Lundas are the only residences within the sewer district on that end of the area. Bob Danko, Department of Environmental Quality, stated that in answer to Mr. Lunda's question about his neighbors being outside the district and their property within the district, the Department is proposing to their Environmental Quality Commission that DEQ be allowed to hold hearings in LaPine to redefine the area that is required to be sewered. Mr. Danko indicated that the original plan was vague and left out impor- tant properties and may have included some properties that shouldn't have been included. Mr. Danko stated that they had hoped to ask the Commission for that authorization to hold the hearings at their July 19 meeting. The anticipated time to conduct the meeting will be in August. Commissioner Prante request- ed Mr. Danko to talk to the Lundas and explain the procedure and how they can be involved. t vol 65 FACE 481 Mrs. Velda Lunda questioned the $150.00 fee for a petition they were requested to acquire as part of the process for withdrawal from a sewer district. Commissioner Prante stated that when the Lundas originally requested withdrawal from the District, it was thought that a person could petition for withdrawal. However, after further investigation into the pro- cedure, it was noted that the Board cannot allow that. Therefore, Commissioner Prante requested that the refund in the amount of $150.00 be allowed. Bill Tigh, Sun Country Engineering, stated that it is feasible to service the Lunda's property. They are included in the proposed design and they are right on the end of a major collection system. Mr. Tigh stated that it is hard to explain how these boundaries got started and established. MOTION: MAUDLIN moved to deny the petition as received on the removal of the Lunda property from the LaPine Sewer District. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE entertained a motion to refund the $150.00 fee to the Lundas. MAUDLIN: So moved. PRANTE: Second. VOTE: UNANIMOUS APPROVAL Commissioner Prante closed the Public Hearing. Public Hearing Commissioner Prante opened the Public Hearing Vacation of a on a Vacation of a portion of Old Burgess Portion of Old Road. Burgess Road and Signature of Order Betty Ahern, LaPine Oregon, approached the No. 85-094 Board and showed them the property which she requests be vacated. Commissioner Prante requested further comments. Hearing none, she closed the Public Hearing. Signature of Resolution No. 85-019 Making Appropriations for the Deschutes County Budget !'VOL 65 FACE 482 MOTION: PRANTE entertained a motion to sign Order No. 85-094 for the Vacation of a portion of Old Burgess Road. MAUDLIN: So ordered. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Mr. Isham stated that Mike Maier, Director of Administrative Services requested an exten- sion to file the budget and levy the taxes until July 31, 1985. MOTION: PRANTE entertained a motion to adopt Resolution No. 85- 019 making appropriations for the Deschutes County Budget and that it be rescended automatically upon adoption of the 1985-86 budget. MAUDLIN: So moved. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of MOTION: MAUDLIN moved to sign Order Order No. 85-095 No. 85-095 to transfer and distri- to Transfer and bute certain monies from the Land Distribute Certain Sales Fund. Monies from the PRANTE: Second. Land Sales Fund VOTE: UNANIMOUS APPROVAL. Signature of Policy MOTION: PRANTE entertained a motion to sign Regarding Mandatory the General Policy regarding the Employment Physical mandatory employment physical Examinations. examinations. MAUDLIN: So moved. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Job Postponed. Training Partner- ship Act. Signature of MOTION: MAUDLIN moved to sign the Personal Personal Services Services Contract with Patrick G. Contract With Lamb in the amount of $3,000. Patrick G. Lamb PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Mr. Isham stated that this subcontract Subcontract with should be acted on contingent upon receipt Rising Stars Pre- of a new sub -section by the State. school MOTION: PRANTE entertained a motion to sign the Subcontract contingent upon VOL 65 FACE 483 receipt of addendum and review by County Counsel. MAUDLIN: So moved. VOTE: UNANIMOUS APPROVAL. Signature of an MOTION: MAUDLIN moved to sign the Agreement Agreement with Joan with Joan E. Hale to create a E. Hale a security interest and tax lot segregation. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Announcement of MOTION: MAUDLIN moved to ratify signature Site Plan Develop- of Site Plan Development Agreement ment No. 85-51 No. 84-51, Vacations Interna- tionale. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Ap- MOTION: MAUDLIN moved to sign letter ap- pointment Letter pointing Ken Johnson to the County to County Planning Planning Commission replacing Jim Commission Bishop. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Re- MOTION: MAUDLIN moved to sign letter of re- appointnment Letter appointment of Mr. Andrew L. Smith of Andrew L. Smith to Special Road District No. 1. to Special Road Dis- PRANTE: Second. trict No. 1 VOTE: UNANIMOUS APPROVAL. Signature of OLCC MOTION: MAUDLIN moved to authorize Chair to Application for sign OLCC Application for name Orion's Restaurant change of Orion's Restaurant. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Tax MOTION: MAUDLIN moved to sign Tax Refund Refund Order No. Order No. 85-093. 85-093 PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Other Staff/Public Rick Isham responded to an article which Concerns concerned logging in Paulina Crater. Mr. Isham stated that verification regarding zoning of the property as opened space conservation, allows farm uses but does not allow additional permitted uses in the exclusive farm zone. Mr. Isham stated that forest products cannot be harvested; there- VOL 65 FACE 484 fore, a person cannot log off the property according to the County's Ordinance. Mr. Isham added that Attorney, Myer Avedovich claims that his client, under the order of the Federal Forest Service, was given permission to log that property as a result of beatle kill. Commissioner Maudlin responded by stating that he was at the Forest Service Office yesterday and the Forest Service has 20,000 acres inside the caldera which they are not logging - they are going to leave it to die. Mr. Isham stated that additional information Signature of De- MOTION: MAUDLIN moved to sign the Develop- velopment Agree- ment Agreement for Riverwoods ment for Riverwoods Baptist Church. Baptist Church PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Consideration of Commissioner Maudlin stated that in the Funding for Pri- May 22, 1985 Board Meeting, consideration of vate Counsel for funding for private counsel for Sheriff Jim Sheriff Jim France France for a pending law suit was discussed. Commissioner Maudlin stated that the Board honor the request. MOTION: MAUDLIN moved that the Board fund up to $1500.00 for private counsel for Sheriff Jim France. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Rou- MOTION: PRANTE entertained a motion to sign tine Contract with the Routine Contract with State State Adult and Adult and Family Services for Family Services reimbursement of Family Planning services given by the Health Department to AFS clients. MAUDLIN: So move. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Medi- Rick Isham noted that a note will be added to check Agreement to the Medicheck Agreement indicating a with Adult and change in the contract. Family Services MOTION: MAUDLIN moved to authorize Chair to sign the Medicheck Agreement as v corrected. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. VOL 65 FACE 485 Signature of OLCC MOTION: MAUDLIN moved to authorize Chair to Application for sign the OLCC application for The The Gourmet Haus Gourmet Haus. PRANTE: Second. VOTE: UNANIMOUS APPROAL. Signature of OLCC MOTION: MAUDLIN moved to authorize Chair to Application for sign the OLCC application for the the Country Club Country Club Management Inc. - Management Inc. - Eagle Crest. Eagle Crest. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Signature of Order MOTION: MAUDLIN moved to sign Order No. 85-096, Pro- No. 85-096, providing for cash and viding for Cash appropriation transfers to balance and Appropriation the budget for the 1984-85 fiscal Transfers to Balance year. the Budget for the PRANTE: Second. 1984-85 Fiscal Year VOTE: UNANIMOUS APPROVAL. Signature of Order MOTION: MAUDLIN move to sign Order No. 85-097 Elimina- No. 85-097 elminating funds and ting Funds and transferring balances. Transferring Balan- PRANTE: Second. ces VOTE: UNANIMOUS APPROVAL. Board Reconvenes Commissioner Prante opened the Hearing and as Governing Body requested comments. Hearing none, she closed of the Deschutes the Hearing. County Extension and 4H Service Dis- MOTION: MAUDLIN moved to sign Resolution trict for Signature No. 85-020 adjusting the 1985-86 of Resolution No. fiscal year budget. 85-020 Adjusting PRANTE: Second. the 1985-86 Fis- VOTE: UNANIMOUS APPROVAL. cal Year Budget and Signature of MOTION: MAUDLIN moved to sign Order No. 85 - Order No. 85-021 021 levying Ad Valorem Taxes for Levying Ad Valorem the fiscal year 1985-86 and making Taxes for the Fis- appropriations. cal Year 1985-86 PRANTE: Second. and Making Appro- VOTE: UNANIMOUS APPROVAL. Board Reconvenes Commissioner Prante opened the Hearing and as Governing Body requested comments. of the Seventh Mountain Service Rick Isham noted that the budgets were District Budget received and a Notice of Budget Committee for Signature of Meeting has been prepared and taken to the VOL 65 PAGE 486 Resolution No. newspaper. Mr. Isham stated that the Board 85-022 Making Ap- will officially adopt the budget on July 31, proiations for Fis- 1985. Mr. Isham stated that the purpose of cal Year 1985-86 this meeting is to sign Resolution 85-022 making appropriations because in the interim period, even though checks may not be issued, expenses will be incurred. Commissioner Prante closed the Hearing. MOTION: MAUDLIN moved to sign Resolution No. 85-022. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS LAU CE TU TLE, I R M A N Z STR,.0 E, COMMISSIONER �ER IS BOCC:kbw