1990-27037-Minutes for Meeting August 01,1990 Recorded 8/16/1990104 - 1239
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MINUTES SEP 2 71990
9 16 N"? '$aSCHUTES COUNTY BOARD OF COMMISSIONERS
August 1, 1990
Cher ThEao opened the meeting at 10 a.m. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were Rick Isham, County Legal Counsel and Brad
Chalfant, Property Manager.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Order 90-107 appointing certain staff as County Officers to
enforce infractions of County ordinances; #2, signature of
Encroachment Easement for Louis and Myrtle Terrill; #3,
signature of order 90-101 establishing a portion of Jennings v,-
Road as a County road; #4, signature of Order 90-032
establishing SE 9th Street as a County road; #5, signature of
Resolution 90-069 providing an exemption from competitive bids
for surveying instruments; #6, signature of Resolution 90-065
accepting petition to vacate a 30' strip of right-of-way in
Laidlaw; and Order 90-099 accepting the Engineer's Report and
setting a public hearing for September 12, 1990; #7, Chair
signature of agreement with Tom Deatherage for architectural
services for the Juvenile Justice Center and the Justice
Building; #8, signature of Resolution 90-071 changing
electrical fees; #9, signature of plat for LaPine Industrial
Park; #10, signature of Agreements approving City application
for funds to extend sewer/water to Hi Tek Truss and Beaver
Coaches located in the Urban Growth Boundary; #11, signature
of Order 90-109 accepting the Engineer's Report relating to
the formation of an LID for Cinder Butte Estates West 1st
Edition and setting a public hearing for August 29, 1990; #12,
signature of Personal Services Contract with Geoffrey Hyde
M.D. for Psychiatric Services; #13, appointment of Bee Paulson
to Local Alcohol and Drug Planning Committee; #14, signature
of Resolution 90-070 declaring surplus property and providing
for sale by auction; #15, signature of Hardware Maintenance
Agreement with First Choice Computer; #16, signature of Order
90-106 changing the name of Fir Lane to Reeve Court; #17,
signature of tax refund Order 90-105; #18, signature of Mylar
for Tamarack Park East Phase VIII; #19, signature of MP-89-55
for R & R Beverage % Ray Lakey; #20, chair signature of OLCC
renewals for La Siesta Cafe, LaPine Inn, M.J.'s Terrebonne
Tavern, Canyon Club Restaurant, Sisters KOA, Cultus Lake
Resort, Fore's Food 4 Less, LaPine Hi-Way Center, Marcello's
Italian Cuisine, Tumalo Emporium, Thymes III, and American
Legion LaPine Post #45; #21, signature of FY 1990-91 Office
Lease Contract with Central Oregon District Hospital; #22,
signature of TP-90-721 for Wilderness West, First Addition;
#23, signature of Mylar (TP-90-720) on Ferguson Road Near COI
Canal; #24, signature of City Plat for River Ridge One
Condominiums of Mt. Bachelor Village Stage A; #25, signature
of MP-90-22 for Kenneth Stevens and Dan Van Vactor.
PAGE 1 MINUTES: 8-1-90 t`
104 - 1240
2.
3.
4.
PRANTE: I would move approval of consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING: ORDER 90-082 APPROVING ANNEXATION OF JACOBS'
TERRITORY TO RFPD #2
Before the Board was a public hearing on order 90-082
approving the annexation of the Jacobs' territory to Rural
Fire Protection District #2 and setting final hearing for
August 29, 1990.
Chair Throop opened the public hearing. There being no one
who wished to testify, Chair Throop closed the public hearing.
MAUDLIN: Move signature of Order 90-082.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING: ORDER 90-083 APPROVING ANNEXATION OF DANIELS'
TERRITORY TO RFPD #2
Before the Board was a public hearing on Order 90-083
approving the annexation of the Daniels' territory to Rural
Fire Protection District #2 and setting the final hearing for
August 29, 1990.
Chair Throop opened the public hearing. There being no one
who wished to testify, Chair Throop closed the public hearing.
PRANTE: Move signature of order 90-083.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING: ORDER 90-095 TRANSFERRING REAL PROPERTY
(1,600 ACRES) TO CITY OF BEND
Chair Throop explained that Deschutes County acquired the
1,600 acre parcel from BLM in a land trade. This trade
allowed the BLM to block up some properties primarily in the
Tumalo winter deer range area and allowed Deschutes County the
opportunity to acquire a large parcel of property to be held
PAGE 2 MINUTES: 8-1-90
104 1241
as industrial reserve for the City of Bend. The trade was
initiated by then County Commissioner Clay Shepard (1981-
1984). Prior to serving on the Deschutes County Commission,
Clay Shepard was a member of the Bend City Commission as well
as a former Mayor of Bend. The trade was initiated in May of
1981, and the Board of Commissioners issued an order approving
the exchange of property. In December 1984, the patent for
the 1,600 acres was transferred from the BLM to the County.
From the beginning, there was an understanding that Deschutes
County would hold this parcel until the City of Bend was
prepared to budget and complete a master plan for the
property, including a public involvement component. The City
had budgeted the money in the 1990/91 budget for the master
plan and had requested that the property be transferred to
them. He said the one issue before the Commissioners was the
transfer of these 1600 acres from Deschutes County to the City
of Bend. Examples of appropriate issues for discussion would
be whether or not the property ought to be transferred. If
transferred, whether or not there ought to be conditions
connected to the transfer, and what those conditions should
be.
Chair Throop opened the public hearing and asked for
testimony.
Geoffrey Wedel, president of the property owners' association,
63525 J.D. Estates Drive, Bend, testified against the
transfer. He read a letter to the Planning Commission into
the record. He said it had not been public knowledge that
this site had been designated as industrial reserve property.
He built his house in 1988 at J. D. Estates and never knew the
area was designated as industrial reserve. Because of the
lack of public input into developing and continuing the master
plan, there had been a negative impact on the people in the
area. People had moved into the area without any knowledge
of the intended use of the property. He felt the value of
their homes would be devalued, and they would lose the
quietness of the area. The City informed them that eventually
an east-side by-pass would be connected to the area with
Cooley Road being the entrance way onto the by-pass. He
didn't feel any of the roads in the area were capable of
handling truck traffic, and didn't want the trucks going by
schools. He said the area was developing and should be left
for future residential growth.
Commissioner Throop said that in the Comprehensive Land Use
Plan and on all the zoning maps, this area was designated as
Industrial Reserve.
Commissioner Prante said that when the decision was finalized
to trade the property with BLM, Central Oregon was in a deep
recession. They went through a public process to make the
transfer, and there was a great deal of support for the
transfer.
PAGE 3 MINUTES: 8-1-90
104 1242
Geoffrey Wedel said that people would not ordinarily see the
documents where the area was shown as industrial reserve.
Commissioner Throop said the County Comprehensive Land Use
Plan guided all development decisions in the County. He said
that when people considered buying property in the area and
saw 1,600 acres of land under single ownership, they should
have asked who owned the land, what the zoning was, and what
the proposed future uses were.
Nancy Hall, 61000 Brosterhous #341, testified against the
transfer. She said the citizens of the County had the problem
of how to utilize the bounty of the beautiful environment to
the best advantage of everyone. Industry could upset the
balance of Bend's tourism economic resource. The land
planning in Bend reminded her of "third world" development,
i.e. large dams not small windmills, develop wild area, not
preserve them. There should be immense, unbiased research
conducted from a new point of few. She asked what studies had
been done to see what impact an industrial park site would
have on the J.D. Estates, how would the industrial park affect
the cohesiveness of the community, what would be the impact
on the air quality, how would an industrial complex affect the
citizens quality of life? Her main concern was whether the
citizens were in control or just a select few.
Earl Nicols, 1789 NE Define, Bend, testified against the
transfer. He had been a resident of Bend over 21 years and
was a professional forester. He was concerned about
preserving the natural features of the area. He felt the BLM
should have required protection of the parcel's unique
features before transferring the property to the County. He
asked the County to identify the areas that had special
features and to protect them. He said this was the County's
most important responsibility, since the City of Bend was
inclined more toward development than preservation. He
suggested there be a special zone around the perimeter of the
area for recreation. He offered to show the Commissioners the
unique areas he felt should be protected, and requested that
the County not transfer the land until the area could be
studied and classified for the value of its natural assets.
Dick Maudlin asked for some examples of the unique features.
Mr. Nicols said there were natural lava reefs with open tops,
there was a juniper that was almost three feet in diameter
that was very unique, and volcanic outcrops were different
than seen elsewhere.
Commissioner Throop said that if the property were transferred
to the City of Bend, it would still be outside the Urban
Growth Boundary, and the County would retain the
responsibility for zoning as the master plan was completed.
Even if the area were included in the Urban Growth Boundary
but outside the City limits, the County would have the zoning
responsibility. The zoning responsibility would become the
City's if the land were annexed into the City of Bend.
PAGE 4 MINUTES: 8-1-90
104 - -1243
Anne Barth, P.O. Box 6633, Bend, testified against the
transfer. She was representing Friends of Central Oregon and
herself. She said there was a beautiful waterfall in the area
where people had picnics. She said they did a lot of research
on the area and had a difficult time finding maps with zoning.
Commissioner Throop said that getting access to maps had been
a problem, but that the County had budgeted $20,000 to prepare
approximately 1,200 maps of the County. He said that about
1,200 small, individual maps would be developed so that you
could look at any parcel of land to see its zoning. It should
be completed by the end of October. Until these maps were
finished, people would have to call and make an appointment
with someone from the Community Development Department to come
in and look at the County's maps. He said there and been a
number of requests to make that information available to the
public which was why the funds were allocated.
Anne Barth read a letter into the record. She said they had
some petitions and would submit copies to the Board later.
Floyd Herring, 21784 Boones Borough Dr., Bend, testified
against the transfer. He said he attended a public hearing
the previous evening regarding the rezoning of some property
at Deschutes Junction for Buffet Flats. He said the Highway
Division testified that they did not have any plans for stop
lights on the four lane highway or any funds for overpasses.
He also heard testimony that a lot of traffic coming from the
Burns Highway was coming up Deschutes Market Road to avoid the
downtown traffic. He said that would create a safety hazard
on Deschutes Market Road if it wasn't straighten out. An
industrial park in the area would only create more
traffic/safety problems. He thought the transfer of property
should be postponed until it could be determined what needed
to be done to save peoples lives.
Commissioner Throop said that the County worked closely with
the City and the State Highway Department, and after the north
unit improvement of Highway 97 was finished, the City and the
County would be supporting interchanges. The highest priority
was for an interchange at Deschutes Market Road/Nicols Market
Road at Highway 97. He felt there would be a full scale
interchange built at that intersection before the end of this
decade. When there was new development in an area or new
demands on the County road system, it was picked up
immediately in the transportation planning of the County.
Floyd Herring said that the transfer should be postponed until
a permanent, workable traffic program could be worked out.
He asked if there were any future plans for the County to
straighten Deschutes Market Road. Commissioner Throop said
he would be willing to meet with Mr. Herring to determine if
it was on the list of projects, and if not, to see what kind
of traffic would be necessary to trigger the project.
PAGE 5 MINUTES: 8-1-90
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Barbara Vail, 20510 Bowery Lane, Bend, testified against the
transfer. She felt more information was needed so that
surrounding property owners could be fully informed of the
ramifications of such a change. She felt the community
planning process should be cautious and judicious.
Hap Davie, Box 401, LaPine, testified against the transfer.
He said the city was currently rationing water and wanted to
know what the City would do for water at the proposed
industrial site. He was concerned about the additional
pollution that factories close to Bend would create.
Deak Preble, Executive of the Bend Chamber of Commerce,
testified in favor of the transfer. He said the process over
the last decade had been public and open. There had been
public hearings at various times during the process. The
goals of the comprehensive plan, which was developed during
the 70's and approved by LCDC, were consistent with the
process. He felt this current action was an appropriate
action and encouraged the Board to transfer the property.
Frances Everton, 1283 NW Trenton Avenue, Bend, testified
against the transfer. She wondered if this Commission was the
same Commission which arranged for Redmond to have an
industrial Park, and why Bend should compete with the existing
industrial parks in Central Oregon. She said Redmond already
had what was needed for an industrial park, and Bend didn't.
Commissioner Throop said each community in the region liked
to have its own industrial properties, and there were
currently industrial parks in LaPine, Bend, Sisters and
Redmond. The goal of each community was to have some land
available for industrial development, which would give each
community an array of jobs and diversity.
Commissioner Prante pointed out that industrial parks did not
have to be smog belching factories and gave Shevlin Park as
an example of clean industry and research facilities.
Roberta Mocabee, 64613 Boones Borough Dr., testified against
the transfer. She said she was vice president of the Boones
Borough Association, which was very upset with the idea of the
industrial park because of the prevailing winds which would
come towards them. She said Bend was known, and advertised
itself, as a tourist, recreation, and retirement area. She
felt an industrial park would harm the environment and
eventually destroy many of the things that people came to the
area to see. She could not see the need for another
industrial park in Bend when Redmond was already set up for
industry. She felt what should be addressed was the immediate
need for housing for the service workers. She saw nothing
wrong with Bend being the bedroom community for Redmond
workers. She did not want Bend ruined for higher wages.
PAGE 6 MINUTES: 8-1-90
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Paul Davis, Mayor of the City of Bend, spoke in favor of the
transfer. He said this project began in the early 80's in the
midst of a severe recession. As the economy had improved,
people tended to forget that the economy could go into
recession again. He said the wood products industry, which
had been the mainstay of Bend's economy since the City was
founded, was in serious jeopardy. The community needed to
come up with jobs with family wages. The City of Bend was not
prepared to do the planning on the property until the City
owned the property. They were a long way from any decision
about the kind of industry that would go into the park, and
what buffer zones would be required. He said Shevlin Center
did not have large acreage parcels available which was what
the 1,600 acres would provide. This site would give the City
a large acreage location for a business which could employ a
substantial number of people making family wages.
Dorothy Meters, 1677 SW Knoll Avenue, Bend, testified against
the transfer. She said that advertising in California said,
"Come to Bend where land is cheap and the air is good." She
felt California people were "itching" to come to Bend and open
a business, but she didn't feel there was housing available
in Bend for the people to work in these businesses.
Ken Cordis, 20620 Colt Lane, testified against the transfer.
He felt the meeting notices were difficult to find in the
newspapers and were in small print. He said any pollution of
ground water here, would pollute the water all the way to the
Columbia, and so we needed to be very careful of the
industries brought into the area. He questioned whether the
City really needed this property. He asked if the transfer
were made, how long it would be before the whole area would
be annexed into the City. He said at the meeting regarding
Buffet Flats, a County planner mentioned maintaining the rural
character of the area. He said the rural character of the
1,600 acre area should be maintained also.
Commissioner Prante said the County was required by Oregon
statute to put notice in a designated publication (The
Bulletin) in a designated place (public notices). She said
it was not in larger print because it was too expensive.
Commissioner Maudlin said the County had spent $65,000 on
public notices in the last year.
Yaaku Firestone, 64677 Sylvan Loop, Bend, testified against
the transfer. He felt he was looking at development in Bend
objectively as an historian. He said Bend had moved from a
fairly well-knit community which was governed by consensus to
a community of disparate groups with different ideas and
different objectives. He said the Commission's function was
to make it possible for the whole world of interests to be
seen and heard and understood so that the Commission could
best represent them. He said the channels which used to exist
for the expression of opinions were no longer sufficient, and
on fundamental issues like this one, the debate should be much
PAGE 7 MINUTES: 8-1-90
104 "1246
broader than had taken place so far. He said it was
recognized all over the world that business did not speak for
labor or consumers. He felt this plan had been shepherded
through by the Chamber of Commerce, and that Bend had a very
low potential for attracting the kind of industry which would
truly pay family wages. He appealed to the Commission to get
more information from more sides. He said a plant of 60 or
70 acres could not help but pollute the environment and have
high energy demands. He felt the County should do more
research on its own, representing its citizens and its
interests before transferring the land.
Commissioner Prante stated that Bend had never been a totally
cohesive community but had been a community of many
independent people taking independent positions, especially
during the 70's when land use issues were decided.
Jeann Harder, 20640 Kandi Court, Bend, testified against the
transfer. She had petitions with a position statement in
opposition to the transfer until further study had been done.
She suggested that this was a time to step back and get more
input of different kinds--maybe large acreage in different
areas should be looked at. There were currently three large
housing developments in the area.
Commissioner Throop asked if there was any rebuttal testimony.
A. Geoffry Wedel testified that in January, John Hossick, City
of Bend Planner, stated that this industrial area would not
be developed like Shevlin Park, but would be more of a general
industrial park.
Commissioner Throop said he was surprised to hear that since
the master planning had not occurred yet. He said if the
property was transferred, there would be buffers established
and part of the property would probably be deeded over to Bend
Metro Parks and Recreation District. None of those issues had
been resolved, and the master planning process would be an
open, public process where all of these issues could be
discussed.
Anne Barth said she learned a lot about the planning process
and felt the public notice issue should be seriously
considered. She suggested spending some money to educate the
public on how to get information about what was going on in
the community. She said they only became aware of what was
going on at the hearing level, but wanted to be involved on
the planning level also.
Commissioner Throop pointed out that whenever there was a
meeting of concern to certain people, generally everyone who
wanted to be involved managed to attend. He said the most
important public notice tool in the County was "word of
mouth."
PAGE 8 MINUTES: 8-1-90
104 « 1247
Hap Davie said at the previous hearings on this industrial
site, they said the only businesses which would not be allowed
at the site would be a munitions factory or a slaughter house.
Commissioner Prante said that was language from the zoning
ordinance which applied to industrial property generally.
However, she said the County would have a great deal of
influence over what businesses would eventually be located
there.
Alice McKenzie, 63582 Dickens Court, J. D. Ranch Estates,
testified against the transfer. She asked why she had not
been notified by mail of this public hearing.
Commissioner Throop said that state law required that if there
was a land use action within 250' of a property, that property
owner would be notified of public hearings in writing.
However, the transfer of this property was not a land use
action. He said that if anyone attending wanted to be on the
list for future information or mailings on actions taken on
this parcel, they needed to put their name and address on the
sign-up sheet.
Yaaku Firestone asked what the implications of the proposed
transfer were, pro and con, for the public.
Commissioner Throop said the Board was not in a position to
respond today with that kind of information, because they were
just taking testimony. The Commissioners would deliberate on
whether to transfer the property on Monday, August 13, 1990,
and during this discussion, that kind of information could
come up, and the public was welcome to come and listen to
those deliberations. He said the record would be kept open
for further written comments until 5 p.m. on Friday, August 3,
1990, but that they would take no further oral testimony after
this public hearing.
An unidentified citizen asked if the decision were made to
transfer the property to the City, what the zoning would be?
Commissioner Maudlin said it would stay the same as it was
currently zoned--EFU with an industrial reserve overlay.
Alice Keiser Greth, 61536 Alstrup Rd. Bend, 97702, testified
against the transfer. She felt the issue of raising the
income of workers was a smoke screen. She said she knew a
person who came to the area to start a landscaping business
who wanted to pay above average wages, and the Employment
Agency said "no" because Bend was an area of low wages, and
they wanted to keep it that way. She felt any industry that
was brought in would pay low wages.
Larry Patterson, Bend City Manager, testified in favor of the
transfer. He said the City of Bend had budgeted $75,000 this
year to complete a master plan of the area. The master plan
would answer the questions regarding whether this type of
PAGE 9 MINUTES: 8-1-90
104 1248
industrial property was needed, how the park should be
developed, how much should be set aside for buffer zones, and
what those buffer zones should look like. He said the City
of Bend was very willing to have public involvement in that
process, including residents from the surrounding area even
though they were County residents. If the area were
eventually included into the urban growth boundary, they would
welcome public involvement in locating firms in the industrial
park. They were looking for firms that paid higher wages and
were environmentally concerned, since they wanted to maintain
the natural amenities of the area. The reason Bend needed an
industrial park was not only for job creation, but also to
help finance local government. When the park was developed,
it was the City's intention to annex the area. This year's
budget for the City of Bend was $25 million of which only $3
million was funded by ad valorem taxes. A very significant
part of the ad valorem tax came from commercial properties.
He said a city could not be financed on residential property
values and must, therefore, continue to look for ways to
expand and strengthen the tax base to meet the challenges of
the future. It would also help support the Bend-LaPine School
District. The development would be a long-term process, and
it would probably be another 5-10 years before any companies
were located in the area. He said there was not a water
shortage in the City of Bend, and they were not using all of
the water resources currently allocated to the City. The
odd/even watering policy was not a rationing policy. He said
they had a capital improvement plan so that in the next few
years there would be entire back-up of the water supply in the
form of wells and reservoirs. The City of Bend was one of the
few cities in the state that were not metered, but they might
need to change that in the future due to a possible state
mandate. Bend was pumping 10 million gallons of water a day,
but they had water rights for approximately 13-15 million
gallons per day from Tumalo Creek. They also had three wells
which had a 1 million gallon per day capacity, and were in
process of building a fourth well. He hoped their master
planning process, which would incorporate public input, would
make people feel more comfortable with the process. The City
was in the process of preparing a water and sewer master plan
for the next 10-20 years which would be completed about July
of 1991.
Commissioner Throop said the Board would accept written
testimony through 5 p.m. on Friday August 3, 1990. He said
anyone wishing to be on a notification list needed to sign
their names to the podium roster.
Chair Throop closed the public hearing, and announced that the
Board would deliberate and make its decision at the Board's
work session on Monday, August 13, 1990, at 10 a.m. The
public was invited, but the Board would not be taking any
further testimony.
PAGE 10 MINUTES: 8-1-90
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5. ASSIGNMENT OF KWBX SUBLEASE FROM OREGON FOUNDATION
Bob Wright, Chief Financial Officer for the University of
Oregon Foundation in Eugene, Oregon, testified that the
principle business of the foundation was fundraising for the
university and asset management responsibilities. KWBX was
donated to the foundation in 1987, and operated as a satellite
of the university's KWAX FM station. The University saw it
as a good opportunity to provide outreach to Central Oregon.
However, after a couple of years of operation, it was clear
that the station was more expensive to operate than was
anticipated, and therefore was put up for sale. They would
use the funds from the sale to expand the library on the U of
0 campus. He said they had been in negotiation with a group
which was seriously interested in purchasing the station and
asked for the Commission's help by assigning the lease for the
tower. He gave the Board written information of the three
proposed purchasers (Norman Louvau, resident of Bend who would
be involved on the site; Prentis Hale III from San Francisco;
and Juan Rodriguez-Diaz, an attorney in Puerto Rico).
Commissioner Maudlin said he was concerned about the
complaints of interference which were received when the
station was broadcasting and stopped when the broadcasting
stopped. He said he knew that an engineer had done a study
reporting that KWBX had been operating properly.
Bob Wright said the buyers had hired an engineer to do some
work in preparation for going back on the air. The buyers had
assured him that they would have the best expertise available
to deal with any problems.
Commissioner Throop asked if the purchase was conditioned upon
the assignment of the lease. Mr. Wright said yes, they would
be unable to operate without the lease.
Commissioner Maudlin asked if the number assigned to the
station could be changed? He also said that in his
experience, engineer's often gave the report they were paid
to give. Mr. Wright said the assignment of numbers was
closely regulated.
Commissioner Throop asked if there was any way to find out if
there was interference before the Board agreed to assign the
lease.
Rick Isham said the City of Bend continued to have
interference problems even after KWBX went off the air, so
they were going to move to a higher band level which should
resolve their problem.
Bob Wright said he was willing to do whatever the Commission
wanted so that the Commission could feel comfortable with the
transfer.
PAGE 11 MINUTES: 8-1-90
104 1250
Norman Louvau 61435 Ward Road, Bend, said he was a
radio/television consultant. He said they had retained Hamet
and Edison from San Francisco, a most respected engineering
firm which also represented Channel 21 in Bend. He said they
reported that the interference problems were not caused by the
education facility.
Rick Isham said he had met with a number of the site users
who appeared to be in violation of some engineers standards.
A number of the users refused to make the expenditures
necessary to correct the deficiencies in their own operations.
They ceased to complain at that time. He said the station had
operated at 30,000 watts, and asked if it was the intent of
the buyers to operate at 30,000 watts. Mr. Louvau said they
would want to get all the power they could which would be 49-
50,000 watts. Rick Isham asked if it were possible to have
a test period where users on the site would be notified to see
if there were any interference problems prior to activating
the license? Mr. Louvau said it would be difficult because
they would have to file with the FCC, and pay their money in
order to do the test. Then they would be stuck if the
Commissioners refused to assign the sublease to them. Mr.
Louvau said the only way it could be tested would be if the
University put it back on the air. Rick Isham ask what they
would do if a number of interference problems arose
simultaneous with the reactivation of the station? Mr. Louvau
said he had to depend on his engineering firm which assured
him that there were no problems. He said it was also
impossible to change the dial number.
Commissioner Throop asked Mr. Wright if it would be possible
for them to put the station back on the air for a test period,
in the same fashion as the buyers would operate the station,
to see if there were any problems? Mr. Wright said it was
technically possible, but that it would require a financial
investment he couldn't commit to that day. He said he would
explore that possibility and get back to the Commission.
Sam Kirkaldie, general manager at KICE radio, said he had read
the engineer's report. It stated that the frequency of KWBX
mixed with other high-powered frequencies on Awbrey Butte
created a third frequency, which caused the interference with
two-way users and mobile users. He expressed concern about
the radio frequency (RF) level on the butte. He said there
were some "hot spots" on Awbrey Butte where the RF was higher
than the EPA allowed, and suggested that the station be put
back on the air to check for interference.
Mr. Louvau said that if the Commission were going to require
testing of the RF levels, he felt that all stations in the
market should have to submit an engineer's report on their RF
levels.
Rick Isham said that on two occasions the RF levels were
measured. He said the only hot spots identified were in the
PAGE 12 MINUTES: 8-1-90
104 1251
vicinity of the KOAB television tower. There wasn't a concern
about the RF level near the radio stations although it was
high. Since then, there had been some modification of the
KOAB facility which was intended to remove that problem. He
said there hadn't been any recent studies.
Sam Kirkaldie said there was one hot spot at their radio
station at the base of one of the guy lines, which they would
probably have to fence. He said if KWBX increased power to
50,000 watts, the potential RF would also increase.
Commissioner Throop asked Rick Isham to make a recommendation
to the Board on how to proceed at the Board's Monday work
session.
6. DECISION ON ORDER 90-075 AND BARGAIN AND SALE DEED
TRANSFERRING LAPINE COMMUNITY BUILDING TO THE LAPINE PARK AND
RECREATION DISTRICT
Before the Board was signature of Order 90-075 and Bargain and
Sale Deed transferring the LaPine Community Building to the
LaPine Park and Recreation District. Brad Chalfant, county
property manager, recommended that they sign the deed. He
said he would hold it until there was final written permission
from BLM.
PRANTE: I move signature of Order 90-075 and Bargain and
Sale Deed.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Commissioner Prante had to leave the meeting at time point.
7. FY 90-91 MARINE SAFETY & LAW ENFORCEMENT CONTRACT WITH OREGON
STATE MARINE BOARD
This issue was deferred to the following week.
8. OUT-OF-STATE TRAVEL REQUEST FROM COMMUNITY CORRECTIONS
MAUDLIN: I move that we approve the out-of-state travel based
Mike's recommendation.
THROOP: I'll second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
PAGE 13 MINUTES: 8-1-90
9.
9.
10.
104 • 1252
REQUEST FROM "YOUR COMMUNITY 2000" FOR $3,000 DONATION
Before the Board was a request from "Your Community 2000" for
a $3,000 donation. Commissioner Maudlin said he had planned
to vote no on this issue, but since he knew Commissioners
Prante and Throop were in favor of it, he decided to vote yes
in Commissioner Prante's absence. Commissioner Throop said
he felt it was constructive to engage the public on the
direction they wanted this community to go on the major issues
facing the Bend area. He felt the County should be a player
in engaging that public discussion and hoped there would be
some recommendations from it which would help guide County
operations in the future, specifically amendments to the
Comprehensive Land Use Plan.
MAUDLIN: I will move that we approve the request for the
$3,000 donation because I'm going to get beat
anyway.
THROOP: I'll second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
ORDINANCE 90-030 ADOPTING 1990 DWELLING AND ELECTRICAL CODES
Before the Board was signature of ordinance 90-030 adopting
the 1990 Dwelling and Electrical Codes.
MAUDLIN: I move reading of Ordinance 90-030 by title only.
THROOP: I'll second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-030.
MAUDLIN: I move signature of Ordinance 90-030.
THROOP: Second.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
PUBLIC HEARING NOTICE FOR ORDINANCE 90-088 WHICH REQUIRES
COVERED LOADS ON COUNTY PROPERTY
MAUDLIN: I move chair signature of public hearing notice for
Ordinance 90-088 and setting a date for public
hearing on August 22, 1990.
PAGE 14 MINUTES: 8-1-90
104 " 1253
THROOP: Second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
11. RATIFICATION OF WARRANT VOUCHERS FROM WEER OF JULY 23, 1990
Before the Board was ratification of the warrant vouchers from
the week of July 23, 1990, in the amount of $4,782.77 and
$130,649.21. Commissioner Throop had approved the bills
during this week due to the absence of the other two
Commissioners.
MAUDLIN: I move that we should ratify the weekly warrant
vouchers.
THROOP: I'll second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
12. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$131,849.21.
MAUDLIN: Move signature subject to review.
THROOP: Second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
13. RESOLUTION 90-072 AUTHORIZING RICHARD L. ISHAM TO SIGN
AGREEMENTS REQUIRED BY MIDWEST EMPLOYERS CASUALTY CO.
REGARDING SELF-INSURED SURETY BOND
Before the Board was signature of Resolution 90-072
authorizing Rick Isham, County Counsel, to sign agreement
required by Midwest Employers Casualty Company regarding self-
insured surety bond. Rick Isham said the County changed
companies because the previous company did not have the rating
that the County required which was an A+ or better.
MAUDLIN: I move authorization by Resolution 90-072.
THROOP: Second the motion.
VOTE: PRANTE: Excused
THROOP: YES
MAUDLIN: YES
PAGE 15 MINUTES: 8-1-90
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Lois Brist Prante, Commissioner
~l
om'ThrooP, Chair
Dick Maudlin, Commissioner
BOCC:alb
104 1254
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