1990-27047-Minutes for Meeting August 15,1990 Recorded 8/23/1990104 - 1.294
MicKoOWED
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS SFQ 27199E
August 15, 1990
Chair Throop convened the meeting as the Governing Body of the
Seventh Mountain County Service District. Board members in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present was Rick Isham, County Legal Counsel.
1. PUBLIC HEARING: ADOPTING SEVENTH MOUNTAIN COUNTY SERVICE
DISTRICT BUDGET AND RESOLUTION 90-078 MAKING APPROPRIATIONS
Before the Board was a public hearing on the adoption of the
Seventh Mountain County Service District Budget. Commissioner
Throop explained that this was a step that had been
inadvertently missed during the budget process.
Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
MAUDLIN: I move adoption of the 7th Mountain County Service
District Budget.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
MAUDLIN: I move signature of the resolution appropriating
funds.
PRANTE:
Second.
VOTE :
PRANTE .
YES
cA.;a
THROOP :
YES
_ r
MAUDLIN:
YES
There being
no further
business, the meeting
of thel"`Iiev nth
Mountain Count Service District was adjourned.
Chair Throop
convened the
meeting as the Deschutes County Board of
Commissioner
s. Board members in attendance were
Dick Maudlin, Tom
Throop, and
Lois Bristow
Prante. Also present
were Rick Isham,
County Legal
Counsel, and Kevin Harrison, County
Planner.
2. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Personal Services Contract with Century West Engineering
regarding Inn of the Seventh Mountain sewage pump station
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fir"' t r
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design modifications; #2, award of contract to Pieratt
Brothers for Cheyenne LID project; #3, signature of
acknowledgement of Amendment #17 to 1989-91 Mental Health
Intergovernmental Agreement; #4, approval of out-of-state
travel request from District Attorney's Office; #5, signature
of Bargain and Sale Deed and Order 90-116 providing for sale
of tax foreclosed property to Jean Jones, record owner; #6,
signature of Indemnity Agreement for Terrebonne Good Earth
Days; #7, signature of Resolution 90-076 creating imprest cash
account for Surveyor's office; #8, appointment of Kent Butler
and C . B . Foss to Solid Waste Advisory Committee; #9, signature
of Order 90-115 appointing Marlene Heck as Assistant Recording
Secretary for the Board of Commissioners; #10, chair signature
of liquor license renewals for G.I. Joe's, Paulina Lake
Resort, Speedee Mart, Katy's, The Other Store, Sunriver
Country Store, Food Express and Wagner's; #11, approval of
grazing leases for Putnam, Luckman, Graham, Prewitt, and
Rench; #12, signature of replat (TP-90-716) for Gemstone
Estates; #13, signature of plat (MP-90-7) for Davis and
Graffenberger.
PRANTE: Move consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. PUBLIC HEARING ON EXPANSION OF CITY OF BEND'S SEWER MAIN TO
THE INN OF THE SEVENTH MOUNTAIN
Before the Board was a public hearing on the County's proposed
Plan Amendments to allow for the expansion of the City of
Bend's sewer main outside the Urban Growth Boundary to the Inn
of the Seventh Mountain. The proposal included an exception
to the Statewide Planning Goal II, Public Facilities and
Services.
Kevin Harrison gave the staff report. He said the proposal
was to amend the County Comprehensive Plan, the Bend Area
General Plan, and the Management Agreement between the City
of Bend and Deschutes County to allow for the extension of the
City sewer line to the Inn of the 7th Mountain. He said this
proposal was a necessary follow-up to a land use action that
was approved in 1988. It would bring the County into
conformance with policies adopted by the City in 1988 and
allow for the City sewer line to be extended to the
destination resort known as the Inn of the 7th Mountain,
including the existing Inn facility as well as the expansion
known as Golf Village. He submitted a copy of a map
highlighting the property involved. He said the staff
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204 _ 1206
recommended approval of these amendments but raised one issue.
There was a perceived contradiction between the service
agreement being used by the City and the joint management
agreement between the City and the County for management of
the urban growth area. He said the City service agreement had
a consent to annexation clause which the Inn of the 7th
Mountain would need to sign to receive service even though
they were outside the urban growth boundary. The City/County
joint management agreement limited annexations to land within
the urban growth boundary. He felt the consent to annexation
clause conflicted with the language of the joint management
agreement, and that these documents needed to be consistent
prior to adoption of the amendments.
Volney Sigmund, Chairman of the Board of Director, Association
of the Unit Owners, Inn of the 7th Mountain, testified that
item 9 was incorrect. He said the Golf Village was not part
of the Inn of the Seventh Mountain but was a contiguous
separate development. He asked that the documents be changed
to reflect that. Rick Isham said his request would be
accommodated in the final ordinance.
Chair Throop opened the public hearing.
Bob Lovlien, attorney representing 7th Mountain Golf Village,
said he just found out about the consent to annexation being
an issue. He said Commissioner Maudlin had suggested that
somehow the consent to annexation be tied to annexation into
the urban growth boundary. He suggested making the consent
to annexation consistent with the management agreement.
Commissioner Maudlin said he understood that the consent to
annex would only apply to those properties which were
presently within the urban growth boundary. He said the Board
had been advised that it did not have the authority to take
action involving a consent to annex property outside the urban
growth boundary. He suggested that the wording be changed so
that there could be a consent to annex anywhere in Deschutes
County once the property came within the urban growth
boundary.
Bob Lovlien said he did not philosophically disagree with
Commissioner Maudlin, but he was concerned that the City of
Bend might have a different opinion on whether they could
annex property outside the urban growth boundary. He thought
there had been some instances statewide where annexations had
occurred outside the urban growth boundary.
Commissioner Throop said the DLCD had given the City and the
County informal advise that annexation could not occur outside
of the UGB.
PAGE 3 MINUTES 8-15-90
204 1297
John Hossick, City Planning Director,
the City's agreements were uniform, as
the City Attorney. He said Ron Marsea
change from that process would create
in enforcement of the agreements which
testified that all of
directed by Ron Marseau
u was concerned that any
problems for the City
were already in place.
Commissioner Throop said that the County strongly supported
the City's position that when City services were provided to
lands outside the City, consent to annex agreements were
appropriate. However, when services were extended outside the
urban growth boundary, the County viewed that as an exception
since it violated the City/County intergovernmental management
agreement.
Commissioner Throop asked Rick Isham, on behalf of the County,
to meet with the other parties involved in this issue to see
if they could come back to the Board with a possible
settlement at 11:45 a.m.
Chair Throop closed the public hearing and recessed the
meeting until 11:45 a.m.
4. PUBLIC HEARING ON ORDER 90-102 TRANSFERRING PROPERTY TO BEND
METRO PARK AND RECREATION DISTRICT
Before the Board was a public hearing on Order 90-102
transferring 12 acres of property near 15th and Reed Market
Road to the Bend Metro Park and Recreation District. Brad
Chalfant, county property manager, said the County obtained
this property through tax foreclosure a number of years ago.
The Bend Metro Park and Recreation District had asked that the
property be transferred to them for park purposes. He agreed
with the park district that this was an ideal location for a
park.
Chair Throop opened the public hearing and asked for
testimony.
Kathy Gerlicker, Chair of the Bend Metro Park and Recreation
District Board of Directors, thanked the Board for the
property. She said considering the growth in the Bend area,
it was important to keep open spaces available.
Bob Keefer, Assistant Director of Parks and Recreation,
testified that this particular property was located in a
heavily populated area and would allow access to another piece
of park property which was land locked. This property would
help with a trail system and a neighborhood park in the SE end
of the district where parks were badly needed. He said they
were on the 10th year of their tax base, and there was only
$83,000 for capital outlay in the budget which would go for
development and equipment. They could not go out and purchase
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5.
6.
7.
land, and depended upon other public entities to donate their
surplus lands.
Chair Throop closed the public hearing.
PRANTE: I'll move signature of order 90-102 transferring 12
acres to the Park District.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
CHAIR SIGNATURE OF SCHOOL NURSING AGREEMENTS
Before the Board was Chair signature of Memorandums of
Understanding with the Bend/LaPine Administrative School
District #1, St. Francis of Assisi School, ESD, and Redmond
School District #2-1 for school nursing services from the
Deschutes County Health Department. Lynn Premselaar, Health
Director, also requested that she be given authorization to
sign the Memorandums of Understanding for Sisters and Brothers
School District when they were received.
PRANTE: Move signature and authorization.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$103,777.60.
PRANTE: Move approval upon review.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
ORDER 90-070 ESTABLISHING TREASURER'S TRUST FUND
Before the Board was signature of Order 90-070 directing the
County Treasurer to establish a Treasurer's Trust Account in
the name of Deschutes County and the Economic Development
Department of the State of Oregon for the purpose of
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104 ~ 1299
depositing funds in trust pursuant to an amendment to the
Community Development Block Grant Program Grant Agreement.
The Treasurer was authorized to transfer from the revolving
loan fund the principal amount of $120,000. Withdrawals could
only be made by mutual consent of both parties.
PRANTE: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
8. CORRECTIONS DEPARTMENT FIREFIGHTING CONTRACT
Before the Board was chair signature of an Emergency Equipment
Rental Agreement with the Deschutes National Forest. The
Agreement would allow the Deschutes National Forest to rent
County equipment, when not already in use on County projects,
and use of Adult Corrections staff for firefighting purposes.
The revenue generated would allow Corrections to finance some
of their projects.
MAUDLIN: I would move chair signature of firefighting
contract.
PRANTE: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
9. DEVELOPMENT AGREEMENT FOR THE BAUERS
Before the Board was signature of a Development Agreement with
the Bauers.
PRANTE: Move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
The Board recessed until 11:15 a.m.
Chair Throop reconvened the meeting. Board members in attendance
were Dick Maudlin and Tom Throop. Also present were Rick Isham,
County Counsel and Bruce White, Assistant Counsel.
PAGE 6 MINUTES 8-15-90
104 - 1300
#3 - continued (Extension of City Services to the Inn of the
Seventh Mountain)
Bob Lovlien testified that Ron Marseau of the City of Bend
concurred with Commissioner Maudlin's suggestion that the
motion be made and approved with the condition that the
consent to annexation be conditioned upon the land being
within the urban growth boundary.
THROOP: I'll move the Maudlin provision.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
9. HALL DOG HEARING
Before the Board was a hearing concerning dogs who had been
witnessed chasing llamas.
Cynthia Komurka reported that state law required that when the
Board of Commissioners determined through a hearing that a dog
had been chasing, injuring, killing or molesting livestock,
it was required to euthanize the dog in a humane manner. She
testified that at approximately 8:45 a.m. on August 1 she
returned a call to Mary Lou Patterson who had called the
office indicating they had had problems with dogs chasing
their llamas. She said she also had a message from Mr.
Patterson. After speaking with Mrs. Patterson, she filled out
a complaint form, indicating that two dog had been chasing the
Patterson's llamas the evening before, and that this was the
second incident in about a week's time with the same dogs.
Mrs. Patterson and her husband had attempted to follow the
dogs home to find out where they lived. Mrs. Patterson had
contacted Mr. Heimbuch and Mr. Sherman who said they had also
had incidents with these dogs in the past. Officer Komuka
went to the area Mrs. Patterson had described as being where
the dog had gone and contacted Mrs. Hall. She found a black
lab tied up and a smaller dog, medium size, black and light
tan dog. She agreed with the Hall's that since there was a
discrepancy in the times, she would allow them to keep their
dogs tied up until she could bring the Patterson's to make an
identification the next morning. Mr. and Mrs. Patterson and
Mr. Fuqua identified the dogs as being those involved in
chasing the llamas and Officer Komuka impounded the dogs.
Officer Komurka said Mrs. Patterson's description of the dog
was very similar to the dogs she found at the Hall residence.
Eugene Patterson, 62744 Eagles Rd. Bend, testified that on the
evening of July 31, 1990, he observed a black lab with a bushy
PAGE 7 MINUTES 8-15-90
104 1301
tail and a brown dog trimmed in light tan fur chasing their
male llamas on the ditch bank. He got a shot gun and followed
the dog in a pickup. He shot twice but missed the dogs. The
dogs came back toward their house and their grandson saw the
younger dog with light tan coloring go by with a yellow rope
tied to it and saw them run to the Hall residence. He then
called the Sheriff's Department. He said Officer Komuka had
said when she visited the Hall residence, one of the dogs had
been tied with a yellow ski rope. He said his llamas had been
chased by the black lab before. The dog had chased one llama
into the fence where it became entangled. His veterinarian
was there and helped get it out of the fence. If they hadn't
been there, the "llamas would have sawed itself in two" on the
barbed wire. He said he had been within a block and a half
of the dog.
Commissioner Maudlin asked Mr. Patterson if he had reported
the incident when the llama was run into the fence. Mr.
Patterson said he had not. Commissioner Throop asked him how
positive he was that the dogs that were impounded were the
dogs he saw chasing his llamas. Mr. Patterson said, "I'm
damned positive." Mr. Patterson said he and his wife and Don
Fuqua went to the Hall's residence with Officer Komurka and
identified the dogs.
Mary Lou Patterson testified that on the first incident when
the black lab chased their male llama into the fence, she got
within 50-60 feet of the dog, and she noticed that it had a
fairly wide brown leather collar. She said a few days later
she saw them running loose along the road. She went to the
Hall's residence and positively identified the dogs as the
ones that had chased her llamas. Bruce White asked if she had
seen both dogs chasing the llamas, and she said yes.
Kenneth Hall, 62490 Eagle Road, Bend, said the only question
he had was that he thought there were two dates stated in the
report of the citing. He said at the time the officer said
the dogs were seen (7 p.m.), he was relatively certain that
the dogs were tied up. When he had gotten home from work the
dogs were loose, and then he tied the dogs up and was fairly
certain it was before 7 p.m.
Commissioner Throop said the information provided by Mr. Hall
was not as conclusive as the other testimony. He said the
dogs had been positively identified, and therefore the Board
had no choice but to order the dogs euthanized.
PRANTE: I will move that we, according to state law, order
the dogs put to sleep.
MAUDLIN: I would second the motion.
PAGE 8 MINUTES 8-15-90
104 1302
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. RESOLUTION 90-080 REGARDING ISSUANCE OF INDUSTRIAL DEVELOPMENT
BONDS FOR REDMOND PELLET MILL, INC.
Before the Board was signature of Resolution 90-080 requesting
the Economic Development Commission and the State of Oregon
assist in the financing of further development of the
manufacturing facilities and purchasing of additional
equipment by Redmond Pellet Mill, Inc. through the issuance
of revenue bonds.
PRANTE: I would move that we sign the Resolution.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Lois r'stow Prante, Commissioner
I/1 i
Tom Throo , Chair
zw~~W~
Dick Maudlin, Commissioner
BOCC:alb
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