1990-17615-Minutes for Meeting May 23,1990 Recorded 6/12/19900:01 0459
1IINUTES 15
DESCHUTES COUNTY BOARD OF COMMISSIONERS0 Jay (2 12;
May 23, 1990 _
x 'i0 s i
C e f C,LE P, K
Chair Throop opened the meeting at 10 a.m. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were Larry Rice, Public Works Director; George Read,
Planning Director; Karen Green, Community Development Director; v' g-«M
Rick Isham, County Legal Counsel.
1. PETITION REQUESTING BAN ON POLYSTYRENE
Miss Katherine Gardner and Miss Morgan from Kenwood Elementary
School came before the Board to submit a petition signed by
students and teachers requesting that the use of polystyrene
in schools and in all of Deschutes County be abolished. They
felt that the polystyrene was only used for a few minutes but
would last forever in the landfills. They were starting to
recycle the polystyrene trays at their school. They didn't
feel that was good enough since it polluted the air to make
the trays and to burn the trays. They were promoting using
trays that were washable. Commissioner Throop said the Board
of Commissioners was responsible for all of the landfills in
Deschutes County, and was also concerned about the amount of
recyclable material that was going into the landfills. He
said the Board encouraged and supported their efforts.
2. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Order 90-072 changing the name of Marlboro Drive to Ranch
Village Drive; #2, signature of Amendments to Healthystart
Agreement; and #3, signature of Development Agreement for the
Sunriver Community Church.
PRANTE: I'll move the consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. PUBLIC HEARING ON ORDER 90-043 VACATING PORTION OF NW POPLAR
AVENUE
Before the Board was a public hearing on an order vacating a
portion of NW Poplar Avenue (formerly Nickernut) located in
the plat of Hidden Valley Mobile Estates No. I. Larry Rice
testified that the vacation involved a small piece of property.
(180' long by 60' wide) which had been set aside fog., Lure
PAGE 1 MINUTES: 5-23-90
0101 0460
use as a possible road. He said it was no longer needed for
that purpose since no road would connect to it. He
recommended vacating the property with half of the property
reverting to each of the adjacent property owners.
Chair Throop opened the public hearing and asked for
testimony.
Katherine Hansen from Sunnyvale, CA, said her parents'
property was adjacent to the property being vacated. She said
her father was ill and couldn't attend. They were in favor
of the vacation. She said it would be extremely costly for
the County to build a bridge across the gorge which would be
necessary to complete the road.
No one else wished to testify so the public hearing was
closed.
PRANTE: I would move signature of Order 90-043 vacating a
portion of NW Poplar Avenue.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. PUBLIC HEARING: ORDER 90-062 TRANSFERRING PROPERTY TO THE
CITY OF BEND
Before the Board was signature of Order 90-062 transferring
eight lots to the City of Bend for eventual use by Habitat for
Humanity for low to moderate income housing. Rick Isham
recommended that the Board approve the Order but not sign the
Quitclaim since the authority under which the property was
being transferred required that the property be used for a
"public purpose." The City of Bend was concerned whether this
"public purpose" requirement would conflict with Habitat's
goals which included allowing the low to moderate income
homeowner to sell the home to an unqualified buyer for a
profit. Rick Isham said he was looking at another authority
to complete the transfer of property called an "arms length"
sale to the City. In this transfer, the City would have to
offer some consideration for the County's interest in the
property in exchange for a deed without restrictions. He said
he was working with the City of Bend on the possibility of
using this type of transfer.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
MAUDLIN: I would move that we agree to the Order and adopt
the recommendation by County Counsel.
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6101 O 61
5.
6.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING: STF COMMITTEE RECOMMENDATIONS FOR 1990-91
Before the Board was a public hearing on the Special
Transportation Fund Committee recommendations for 1990-91 and
chair signature of the State Application.
Susan Mayea, Local STF Program Manager, gave the attached STF
Advisory Committee report. She said there was a 50% increase
in funds available this year over last year (from $72,00 to
$125,000). She said the STF Committee did adopt the staff
recommendation.
Chair Throop opened the public hearing. There being no one
from the audience who wished to testify, the public hearing
was closed.
THROOP: A motion to ratify the recommendations of the
committee and to sign the State Application would
be in order.
PRANTE: So moved.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC WORKS LABOR AGREEMENT WITH LOCAL 701 OPERATING
ENGINEERS
Before the Board was signature of the Labor Agreement with
Local 701 Operating Engineers for the Public Works employees.
MAUDLIN: I move signature of the Public Works Labor
Agreement.
PRANTE: I will second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PAGE 3 MINUTES: 5-23-90
6101 0462
7. CLINICAL AFFILIATION AGREEMENT WITH CENTRAL OREGON COMMUNITY
COLLEGE
Before the Board was chair signature of a Clinical Affiliation
Agreement with the Central Oregon Community College whereby
nursing students would get clinical practice at the Deschutes
County Health facility.
PRANTE: I will move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
8. WEEKLY WARRANT VOUCHERS
Before the Board was approval of weekly bills in the amount
of $176,425,92.
PRANTE: Move approval upon review.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
9. CONSERVATION EASEMENT FOR KMB ENTERPRISES
Before the Board was signature of a Conservation Easement from
KMB Enterprises. Max Merrill, attorney for KMB Enterprises
(consisting of Keith, Matthew, and Brian Cyrus) said the
Cyrus' were developing a subdivision in the Sisters area and
the only item remaining to get approval of the subdivision
was the Conservation Easement. He said they had several
concerns about the Conservation Easement but were primarily
concerned with some language that they felt would conflict
with the open space management plan which had been worked out
with the Fish and Wildlife Department. Their concern was that
the Conservation Easement allowed public access to the river
when the property owners were not allowed into that area
without entering into a contract with ODF&W because the river
bank area was so delicate.
Commissioner Throop asked if the parties involved (Cyrus',
ODF&W and CDD) had gotten together to work out the
differences.
Mr. Merrill said they had just gotten the Conservation
Easement, and they had to have the Conservation Easement.
Their plat approved today, so they could close some
PAGE 4 MINUTES: 5-23-90
0101 0403
transactions, so they could make the payment to the underlying
landowner which was due today. Therefore, the Cyrus' would
be willing to sign the Conservation Easement as it had been
prepared if the Board would agree to adopt whatever changes
could be negotiated among the involved parties. He also
pointed out that the word "unless" had been left out of Page
4, (I) and that it should read: "are permitted within the
easement area unless authorized by Grantee. He said another
area of concern was the restriction on water pumping
facilities within the Conservation Easement. He said there
were already water pumping facilities in the area which were
needed to maintain the pasture next to the stream.
Keith Cyrus said the first time he had seen the Conservation
Easement was the previous Thursday. Commissioner Maudlin
suggested that developers be given a draft copy of the
standard language early on in the process so that the wildlife
management plan could be worked out with the Conservation
Easement.
Karen Green said that the plat had been approved some time
ago. She said she understood the holdup was with the
potential purchasers of the lot who were uncomfortable about
the Conservation Easement language. She said a draft
Conservation Easement had been provided to Mr. Cyrus' former
attorney, Bob Lovelein, about four week ago. They had been
unaware that Mr. Cyrus had changed attorneys. She said it was
their intention to provide a draft copy of the Conservation
Easement as early in the process as possible.
Max Merrill said that part of their agreement with Fish and
Wildlife was that even the residents would not have access to
the river area without some kind of contractual agreement with
ODF&W.
MAUDLIN: I would move that we sign the Conservation Easement
accepting it as it is written subject to the
negotiations between the parties for any changes
that may be necessary, plus add the word "unless"
on page 4 (I).
PRANTE: I'll second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. SUBDIVISION PLATS FOR SUNRIVER PROPERTIES
Before the Board was approval of signature of two subdivision
plats for Sunriver Properties: Fairway Point Golf Estates and
Fairview Village #1. George Read said that the plats were not
in yet because there had been some problems which had arisen
PAGE 5 MINUTES: 5-23-90
0101 OM4
late in the process. The Sunriver Homeowners Association did
not indicate they had a problem with accepting and maintaining
the roads but apparently they did. There was also the need
for a variance on the 600' cul-de-sac length if one of the
roads was ever closed off. They have applied for a variance
to the maintenance standards and the cul-de-sac standards and
have been given a temporary use permit to proceed while all
this was pending. He said they would have Sunriver Properties
record an agreement saying they would comply with the
standards if the variances were denied. He felt that was
adequate to allow the plats to be signed, and he said there
was some money at stake for Sunriver Properties if they didn't
get the issue resolved this week. He recommended the Board
approve signature of plats at such time as these issues were
worked out.
PRANTE: I move signature at such point as you get it all
worked out.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. PLAT 707 FOR SUNSET VIEW ESTATES PHASE I
Before the Board was signature of Plat 707 for Sunset View
Estates Phase I.
MAUDLIN: I move signature of Plat 707.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
12. OLCC APPLICATION FOR WAGNER'S
Before the Board was chair signature of an OLCC Application
for Wagner's.
MAUDLIN: Move chair signature.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PAGE 6 MINUTES: 5-23-90
0101 0465
DESCHUTES COUNTY BOARD OF COMMISSIONERS
42-1
Lois' tow ranee, Commissioner
2
Tom ~;rhr
o Ch
air
P~
Di Vlin, Commissioner
BOCC:alb
PAGE 7 MINUTES: 5-23-90
r
01() alf 66
Board of Commissioners
Administration Bldg. / Bend, Oregon 97701 / (503) 388-6570
Lois Bristow Prante
Dick Maudlin
Tom Throop
DATE: May 4, 1990
TO: Special Transportation Fund Advisory Committee
FROM: Susan Mayea, Local STF Program Manager
RE: STAFF RECOMMENDATIONS FOR 1990-1991 DISTRIBUTION
Since the amount of STF funds has increased by approximately 50
percent over last year, we tried to give applicants at least a 50
percent increase this year. Exceptions are those applicants who
did not request an increase, new services who did not have a
history to compare, and the City of Bend, who discontinued their
taxi ticket program.
The Opportunity Foundation, if awarded the recommended $11,500,
would receive an approximate 55 percent increase over last year.
The City of Bend would receive a 3 percent increase.
The Residential Assistance Program is requesting less than what
they received last year, and staff recommends funding their entire
request for $2,350.
The Central Oregon Council on Aging is requesting only a $200
increase to help offset the tremendous increase in their insurance.
Staff recommends full funding of COCOA's request at $28,115.
All Outdoors received STF funds to purchase a wheelchair lift, but
this year's request is for operational costs. Since there is no
funding history, staff's recommendation is to award $6,000 to All
Outdoors.
The Deschutes County Mental Health program received nearly $15,000
last fiscal year, however, some of that money was to provide
service for only half a year. Because the taxi ticket program was
discontinued, an additional contract with a transportation provider
was required to pick up those clients affected by the taxi ticket
program. Staff is recommending that Mental Health be funded at
$20,000.
STF COMMITTEE
PAGE -2-
MAY 4, 1990
0101 046 7
Also because of the discontinuation of the taxi ticket program,
many developmentally disabled people were left with no resources
for rides to recreational opportunities, shopping, and other
nonwork-related events. Therefore, Mental Health has proposed a
taxi ticket program for their developmentally disabled clients to
be able to attend some special functions and events. Staff
recommends partial funding of this request at $5,000.
The United Senior Citizens of Bend have never requested STF dollars
previously. However, their application for 16B2 grant funds to
purchase three new vans was denied, so they are requesting the STF
Committee to fund full purchase price of $20,000 for one new van.
Staff's recommendation would be to fund 80 percent of this request
(at $16,000) with the condition that this money be left in a
contingency fund and that the United Senior Citizens of Bend apply
for the STF discretionary funds in July 1990 for the purchase of
three new vehicles and that the $16,000 be used as match money for
that request. In the event that the discretionary grant is denied,
the $16,000 would be released to the United Senior Citizens to
purchase a new vehicle.
In addition, if the United Senior Citizens does receive the
discretionary grant to purchase three new vehicles, they will be
required to transfer one older vehicle to the Residential
Assistance Program to help provide transportation for the
developmentally disabled clientele.
The Citizens for a Transportation District has applied for a $1,000
grant to use as seed money for their formation efforts. This money
is needed to pay for postage and mailings, ads in the newspapers,
etc. Staff recommends that this full amount be funded.
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