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1985-29254-Minutes for Meeting November 27,1985 Recorded 12/24/1985von 70 PAcr 92 8s-zsz54 1965 DEC 24 PM 2' +d2 DESCHUTES COUNTY BOARD OF COMMISSIONERS t�S�Y SLUE- PEdfOlLa� NOVEMBER 27, 1985 REGULAR MEETING cQ ENHOx Chairman Tuttle called the meeting to order at 9:00 a.m. Commissioners Prante and Maudlin were in attendance; Rick Isham, Legal Counsel was also present. Other Staff/ Mike Maier, Director of Administrative Services, Public Con- recommended to the Board, the purchase of new cerns chairs to Conference Room A. Mr. Maier noted that the chairs are 16 years old and are falling apart. Mr. Maier noted that the stacking shell chairs will be purchased with funds from Revenue Sharing. Mr. Maier stated that the cost will be approximately $4,000.00 for 100 chairs. MOTION: PRANTE moved to authorize purchase of chairs for Conference Room A. TUTTLE: Second. VOTE: TUTTLE AND PRANTE: Yes MAUDLIN: No. Chairman Tuttle stated that he had a request for a modification of a fee on a minor partition Dave Hoerning, Acting Public Works Director, stated that Commissioner Prante forwarded a letter to him from Mrs. VanHorn, the Manager of the Oregon Water Wonderland Water Improvement District, requesting authorization to put up bulletin boards next to mail box locations in the subdivision. Mr. Hoerning added that this would allow people within the subdivision access to minutes of meetings/notices, etc. Mr. Hoerning stated that he met with Mrs. VanHorn at the site and recommends the authorization. MOTION: PRANTE moved to grant the request from Oregon Water Wonderland to put up Bulletin Boards. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Amendments to Chairman Tuttle noted that discussion regarding the Agenda bond requirements for Eagle Crest was the amend- ment to the agenda. Discussion Rick Isham stated that Dave Jaqua, on behalf of Regarding Bond Eagle Crest Partners Ltd., requested the Requirements Board accept as a bonding requirement for for Eagle a phase in the townhouse units, a bond from Arlen Crest Keaton, General Contractor and partner in Eagle Crest, in lieu of a bond from Eagle Crest. �t VOL 79 PACE 93 Mr. Isham stated that Eagle Crest feels that because of the nature of development and that they are unable to put up the $65,000.00 in cash or secure a bond, that they are requesting the Board accept the bond from Mr. Keaton. Mr. Isham noted that Mr. Keaton does not owe any direct duty to the County by reason of being the general contractor of the project; therefore, the only way that Mr. Isham feels this request can be accomplished is to have Mr. Keaton become the guarantor of the improvement which can be signed by Eagle Crest and have that guarantee be bonded. Mr. Isham noted that Chairman Tuttle reviewed the situation and felt that if Mr. Keaton was receiv- ing, as a result of his work on the project, limited partnership credits, his guaranteeing obligation of the partnership constituting Eagle Crest Partners Ltd., might change his status from limited to a general partnership. Mr. Isham stated that if that occurs; it may change or destroy the legal position of Eagle Crest Partners Ltd. Mr. Isham requested the Board to indicate how they wished him to proceed with this issue. After lengthy discussion, Commissioner Maudlin suggested that if Mr. Keaton is willing, and has the financial capacity to issue the bond on his own, then nothing would preclude him from being the guarantor on that bond to the bonding company and having the bond issued from Eagle Crest. Chairman Tuttle requested this issue be finalized at the 1:30 p.m. department head meeting this afternoon. Mr. Isham requested that items number five and six also be taken up at the 1:30 p.m. meeting this afternoon. Public Hearing Commissioner Maudlin noted that proper notifica- Regarding the tion for a Public Hearing on the LaPine Sewer LaPine Sewer Grant Application was not given; therefore, Project Grant the hearing will be scheduled at a later date. Application Possible Ap- Chairman Tuttle stated that this is an order proval of Bud- transferring cash in the aggregate of $530,000.00 geted Trans- from and within various funds in Deschutes County fers budget and directing entries. MOTION: PRANTE moved to sign Order No. 85-134. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Discussion Regarding Central Purchasing Possible Sig- nature 85-042, Approving Juvenile Services Com- prehensive Plan Possible Sig- nature of Personal Ser- vices Contract with Janet Hains Possible Sig- nature of Agreement to Relinquish Right to Oc- cupy County land by U.S. Forest Service Possible Sig- nature of Maintenance Agreement Renewal No- tice with GBC for Word Finishing Sys- tem in Clerk's Office Possible Sig- nature with Gary Davidson for Sheriff's Office Remodel Possible Sig- nature of Tax Refund Order No. 85-133 VOL 70 PACE 94 Mr. Maier stated that he is in the process of identifying suitable space for a central stores warehouse for the County. MOTION: PRANTE moved to sign Resolution No. 85-042, Approving Juvenile Services Comprehensive Plan for Deschutes County for the 1985-86 Fiscal Year. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to sign Personal Services Contract with Janet Hains for telephone training. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Mr. Isham recommended the Board authorize abandonment of a -site on Awbrey Butte; allowing. access for inventory and evaluation. The site has been abandoned for several years. MOTION: PRANTE moved to authorize the site to be abandoned. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to authorize Chair to sign the Agreement Renewal Notice with General Binding Corporation for Word Finishing System in the County Clerk's office MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to sign the contract with Gary Davidson for Sheriff's Office Remodel, in the amount of $8,435.00. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to sign Tax Refund Order No. 85-133, in the aggregate amount of $2,504.74. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. VOL Chairman Tuttle continued the meeting to 1:30 p.m. 70 px�E 95 Chairman Tuttle opened the contination of the regular meeting at 1:30 p.m. Possible Sig- Mr. Isham stated that when the original Resolution nature of Res- was drafted, it was circulated to the Department olution No. Heads for review. The Library had listed N/C 85-041, Amend- on the form that was sent out under the Ordinance. ing Resolution Mr. Isham stated that the Library thought NIC No. 85-014, meant "no change"; however, the ordinance was Adopting Fees drafted with NIC to mean "no charge". and Charges Mr. Isham stated that this amends the exhibit to specify the amount. Mr. Isham stated that the other amendment refers to the legislature acting in amending fees in the Clerk's Office - fees to be charged for certain activities. MOTION: PRANTE moved to adopt Resolution No. 85-041, amending Resolution No. 85-014, adopting fees and charges. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Possible Sig- MOTION: PRANTE moved to authorize Chair to read nature of first and second reading by title only Ordinance No. of Ordinance No. 85-036, authorizing 85-036, Deschutes County General Obligation Authorizing Improvement Bonds. Deschutes MAUDLIN: Second. County General VOTE: UNANIMOUS APPROVAL. Obligation Improvement Mr. Isham noted that it was not necessary for the Board to sign the exhibit at this time; however, the exhibit will need to be sign at a later date. Chairman Tuttle read the first reading of Ordi- nance No. 85-036. Chairman Tuttle read the second reading of Ordi- nance No. 85-036. MOTION: PRANTE moved to adopt Ordinance No. 85-036. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. V10L 79 PAcF_ 96 Mr. Isham referred to the item which would allow County Counsel to prepare necessary documentation for forfeiture of vehicles in drug and/or alcohol related crimes. MOTION: PRANTE moved to authorize County Counsel to prepare necessary documentation for the forfeiture of vehicles in drug/and or alcohol related crimes. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Discussion Re- Mr. Isham stated that it appears that Eagle Crest garding Bond does not wish to proceed under the methodology Requirement approved by the County this morning. Mr. Isham for Eagle noted that there is confusion as to whose role Crest is what within Eagle Crest development. Mr. Isham stated that the County would have some sort of disclosure because we do not know who we are dealing with. Mr. Isham stated that Eagle Crest plans to meet with the Planning and Building Departments to develop an understanding and to request a modification of their permit. Chairman Tuttle suggested that before the Planning and Building Departments enter into agreements that the Board have a chance to review it. The meeting was adjourned. DEC TES COUNTY BOARD OF COMMISSIONERS LAURENCE A. TUTTLE, HAIRMAN LOIS BRISTOW P TE, COMMISSIONER D MAUDLIN, COMMISSIONER BOCC:kbw 85-102