1989-25637-Minutes for Meeting September 27,1989 Recorded 10/4/1989k
89-2563
MINUTES
September 27, 1989
18CT'4 M 8:47
3RS
PENHOILOIy
Chair Prante called the meeting to order at 9:00 a.m. Board
members in attendance were Dick Maudlin, Tom Throop and Lois
Bristow Prante. Also present was Rick Isham, County Legal Counsel.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, acceptance
of dedication of right of way for Tyler Road; #2, signature
of MP-89-20 for Bob Smith; #3, signature of mylar for Tamarack
Park East Phase VI; #4, signature of Order 89-081, authorizing
tax refunds; #5, signature of conservation easement for
Pacific Crest Outward Bound School; #6, signature of agreement
between Deschutes County and Administrative School District
#1 regarding sanitation inspections; #7, chair signature of
liquor license for Soleil Rivere.
THROOP: I'll move approval of consent agenda.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
2. PUBLIC HEARING: ORDER 89-075 FORMATION OF BLACK BUTTE RANCH
SERVICE DISTRICT
Before the Board was a public hearing on the formation of
Black Butte Ranch Service District.
Starr Reed, P.O. Box 811, Black Butte Ranch, 97759, Chairman
of the Black Butte Ranch Association Board of Directors, spoke
in favor of the formation of the service District. He
submitted the attached letter into testimony outlining the
Association's specific reasons for supporting the petition.
He said there were representatives in the audience from the
Black Butte Ranch Association, Black Butte Ranch Corporation,
and Black Butte Ranch Rural Fire Protection District to answer
any questions that the Board might have. He said he was not
aware of any objections to the formation of the district. He
felt the formation of the district would be beneficial for the
county and the ranch since there would be an improved basis
for providing the services needed. He said he would like to
set up a task force of representatives from the ranch and from
the county to work our the detailed agreements and procedures
PAGE 1 MINUTES: 9/27/89
that would be needed to put the district in place. He said
that the first services that the district would pursue were
safety services except fire protection, which was already
being handled well. They would then conduct a study on the
feasibility of placing utilities within the district. He also
said that any time a service would be considered that would
result in a tax rate increase, a vote of the members of the
district would be held.
No one spoke in opposition to the formation of the District.
Chair Prante Closed the Public Hearing and announced that the
final public hearing on the formation would be October 18 at
10:00 a.m.
PRANTE: I would entertain a motion to sign order 89-075.
THROOP: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. ORDER 89-080 OREGON WATER WONDERLAND UNIT 1 RESTRICTION ON
DISCHARGE OF FIREARMS
Before the Board was signature of Order 89-080, establishing
Oregon Water Wonderland Unit 1 as an area within Deschutes
County wherein the discharge of firearms would be prohibited.
A Public hearing was held on September 20, 1989, were
testimony was given.
MAUDLIN: I move signature of Order 89-080.
THROOP: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. OREGON CONSORTIUM AGREEMENT
Before the Board was signature of the Oregon Consortium
Agreement
THROOP: I would move
Agreement.
MAUDLIN: Second.
signature of Oregon Consortium
PAGE 2 MINUTES: 9/27/89
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
5. ABANDONED MOBILE HOME ON TAX FORECLOSED PROPERTY
Before the Board was a request from the Community Development
Department Director on how to proceed with an abandoned mobile
home on some tax foreclosed property. The mobile home located
at 61825 Teal Road was infested with rodents and other vermin
and was no longer legally place on the property because the
temporary use permit had expired. The owner could not be
located. The property was assessed at $27,950. Her
recommendation was for the County to clean up the property,
place a lien on it, remove the mobile home, and then attempt
to locate, serve, and prosecute the owner.
The Board directed County Counsel to proceed with that
recommendation.
6. AGREEMENT WITH ST. FRANCIS OF ASSISI SCHOOL
Before the Board was an agreement with St. Francis of Assisi
School for nursing services for the school year 1989/1990.
THROOP: I move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
7. AGREEMENT WITH CORRECTIONS DEPARTMENT TO TRANSFER PROPERTY
Before the Board was signature of an agreement to transfer
property which was located in the Bend Branch Community
Corrections Office from the Department of Corrections to
Deschutes County effective September 1, 1989.
MAUDLIN: I move chair signature of agreement transferring
personal property.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PAGE 3 MINUTES: 9/27/89
X36.8 i3
8. GATES MCDONALD FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION
Before the Board was signature of an amendment to the contract
between Gates McDonald and Deschutes County for annual fees
for Workers' Compensation claims administration.
PRANTE: Entertain a motion to sign the amendment to the
contract with Gates McDonald.
THROOP: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
9. MYLAR FOR THE RIDGE CONDOMINIUMS STAGE V
Before the Board was signature of Mylar for the Ridge
Condominiums Stage V.
MAUDLIN: I move signature of Ridge Condominiums final mylar.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
249,568.89.
MAUDLIN: I move signature subject to review.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. CONCERN OVER TAX INCREASE FOR SPECIAL ROAD DISTRICT #1
June Sebastian, resident within the Special Road District #1,
wrote a letter to the Board concerning whether or not the
Special Road District #1 was limited to an increase beyond
$2.50 per thousand because of the title in the last levy
request.
PAGE 4 MINUTES: 9/27/89
Rick Isham proposed that the Board and the Assessor petition
the Department of Revenue to issue a declaratory ruling on
whether or not the ballot title bound them to $2.50. The
Board agreed to pursue that approach.
11. PUBLIC HEARING: ORDINANCE 89-022 AND 89-023, PLAN AMENDMENT
AND ZONE CHANGE FOR VANDEVERT RANCH
Before the Board was a public hearing on Ordinance 89-022,
amending the Deschutes County Comprehensive Plan to change the
designation from Agriculture to Forest, and Ordinance 89-023,
amending Deschutes County Zoning Ordinance changing the EFU-
80 zone designation to F-3, Forest Use on a 320-acre parcel
known as the Vandevert Ranch for James and Carol Gardner.
The Hearings Officer held a hearing on the proposed
redesignation of property on July 18, 1989, and approved the
redesignation by decision dated August 1, 1989. The Hearings
Officer's decision had not been appealed.
No one appeared to testify. Chair Prante closed the public
hearing.
PRANTE: I would entertain a motion for first and second
reading by title only.
MAUDLIN: So moved.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Prante performed the first and second readings of
Ordinance 89-022.
PRANTE: Entertain a motion to adopt.
MAUDLIN: So moved.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PRANTE: Entertain a motion to read by title only, first and
second readings.
PAGE 5 MINUTES: 9/27/89
.
THROOP: I'll make the motion.
MAUDLIN: Second.
Chair Prante performed the first and second readings of
Ordinance 89-023.
PRANTE: Entertain a motion to adopt.
THROOP: Move adoption.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES UNTY BO OF COMMISSIONERS
ois Bri tow Prante, Chair
Tom Throop, Commissioner
Zd- udlin, Commissioner
BOCC:alb
PAGE 6 MINUTES: 9/27/89
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black butte ranch
association
Post Office Box 8800
Black Butte Ranch, Oregon 97759
Phone: (503) 595-1250
(503) 595-6211
Deschutes County Commissioners Hearing on Black Butte Ranch Service District.
Lady and Gentlemen:
My name is Starr Reed and I am Chairman of the Board of Directors of Black Butte Ranch Association. I am
here with colleagues representing Black Butte Ranch Association, Black Butte Ranch Corporation, and the
Black Butte Ranch Rural Fire Protection District to urge that the petition for the establishment of the Black
Butte Ranch Service District be approved by the Board of Commissioners of Deschutes County and that the
Service District be established.
We are not aware of any objections to the formation of this district by any persons.
Our request to establish the Service District is based on the benefits that we believe will accrue to the
property owners at Black Butte Ranch and to Deschutes County. The services authorized for inclusion in the
District are essential for a growing residential community and we believe these can best be provided under
the Service District umbrella without burdening the county. Specific reasons supporting our petition are
enumerated below:
1. Cost of providing services included in the District can be funded on an ad valorem basis instead of
the less equitable flat-fee alternative that is now available to us.
2. Given current needs and looking ahead to additional service requirements we need to create a single
unit to centrally administer essential community services. This will reduce administrative overhead
and enhance comprehensive planning for present and future service delivery.
3. It is our intent to transfer our Safety Services function into the District. This action will not only
provide an opportunity to enhance law enforcement services, but will also provide much needed tort
law protection. We can then be confident that these services will not suffer or become unavailable
due to unreasonable liability exposure and insurance considerations.
4. Providing quality water and sewer services to Black Butte Ranch in accordance with current and
emerging regulations can be increasingly complex. A Service District may offer an opportunity to
improve our ability to achieve desired standards. We will now launch a long range study relative to
the inclusion in the future of our water supply system and sewer system in the District.
In conclusion we are certain the proposed Service District will not only eliminate inequities, provide taxing
authority, and offer improved service at Black Butte Ranch, but will also serve well the needs of Deschutes
County.
Thank you for your courtesy. I would be pleased to respond to your questions.
Sincerely,
- 0 ~ > ~
Starr W. Reed, Chairmen
Black Butte Ranch Association