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1990-28595-Minutes for Meeting September 12,1990 Recorded 9/24/1990y ` ~0- 28595 1 0 4 1 M982 ICROFILMED MINUTES C~P271990 DESCHUTES COUNTY BOARD OF COMMISSIONERS September 12, 1990 - Chair Throop convene the meeting of the Governing Body for the Seventh Mountain County Service District at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present was Rick Isham, County Legal Counsel. 1. GENERAL LIABILITY INSURANCE FOR 7TH MOUNTAIN COUNTY SERVICE DISTRICT Before the Board was Chair signature of a Certification of Eligibility for Participation in the Special District Services Program on behalf of Seventh Mountain County Service District for the purchase of general liability insurance. PRANTE: Move signature and approval. MAUDLIN: I second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop adjourned the meeting. Chair Throop convened the meeting of the Deschutes County Board of Commissioners. Also present was Dave Hoerning, County Engineer. 2. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Order 90-129 vacating a portion of Waugh Road; #2, signature of Resolution 90-089 declaring intent to transfer proposed BMX use property to Bend Metro Park and Recreation District and setting a public hearing for October 10, 1990; #3, chair signature of OLCC license applications /renewals for Wickiup Junction, Butler Market Country Store, Food Express, Sunsets at Orion Greens, LaPine mini mart, Sully's Italian Restaurant, Lava Lake Lodge, Alfalfa Store & two for Inn of the 7th Mountain; #4, signature of Resolution 90-090 declaring September 13, 1990, as Volunteer Appreciation Day in Deschutes County; #5, chair signature of agreement with Tom Deatherage for architectural services for the Bend library; #6, signature of Collective Bargaining Agreement with Deschutes County Sheriff's Association; #7, signature of TP-90-725/TP-90-726 for a 16 and 12 lot subdivision in Eagle Crest Resort and TP- 90-706 for final plat for 14 lots in Eagle Crest; #8, signature of MP-90-43 creating two lots on Barclay Court near PAGE 1 MINUTES: 9-12-90 f~~ ~ ~'EiE~dr~L? ,SEP 25 104 1983 3. 4. Sisters for the Carpenters; #9, signature of Lovlien Replat on Glaze Meadows Estates in Black Butte Ranch; #10, signature of Development Agreement for Scott Oakley and the McFarlands on property southeast of Butler Market Road. PRANTE: Move consent agenda MAUDLIN: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING: ORDER 90-100 VACATING 30' STRIP OF RIGHT-OF- WAY IN TUMALO Dave Hoerning gave the staff report. He said the land to the north of this 30' strip was owned by Bend Aggregate and had been mined. He said the road had never been opened, but they were reserving an easement for utilities. The $350 cost resulting from the vacation would be paid by Duane and Anna Hayes. Chair Throop opened the public. There being no one who wished testify, the public hearing was closed. MAUDLIN: Move signature of order 90-100. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING: ORDER 90-113 FORMING CHAPARRAL WATER CONTROL DISTRICT Before the Board was a public hearing on the formation of the Chaparral Water Control District. Rick Isham reported that this special district was being formed within an existing irrigation district. He said the order would establish a boundary for the special district and would set the final public hearing for october 10, 1990. No general property tax funds would be used to support the district, so the district could be formed by the Board at the final hearing without an election unless a sufficient number of petitions to require an election were received. There were 42 property owners involved in the district. Chair Throop opened the public hearing. PAGE 2 MINUTES: 9-12-90 104 ~ 1984 Lynn Comini, 6050 SW Jaguar, Redmond, was chief petitioner for the formation of the water district and testified in favor of the order. He said they were currently part of the Deschutes Reclamation and Irrigation Company (Swalley Water), but were served by private ditches. Even though there was an easement, the water company could not enter into the private ditches to maintain them. They wanted to form a water control district so they could maintain and improve the ditches. It would be a self-supporting district, and the petition had been signed by over 75% of the landowners. The others were nonresident land owners and the petition required that certification of the signatures be personally witnessed. The district would not be required to have insurance at this time, but there was legislation pending which might require it. They each paid a gate charge of $85 to Swalley for which they have received no services. The new district would gate charge the property owners for ditch maintenance and improvements. The Swalley Board of Directors had unanimously agreed to the formation of this district. Chair Throop closed the public hearing. MAUDLIN: I move signature of Order 90-113 and setting a final public hearing for October 10, 1990. PRANTE: I will second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. UNITED WAY FUNDING FOR NEEDS ASSESSMENT STUDY Item postponed to the following week. 6. SUBLESSEE AGREEMENT FOR CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION RADIO STATION (KWS Before the Board was a request for approval of sublessee agreement for the confederated tribes of the Warm Springs Reservation of Oregon. They had received FCC approval to broadcast in the Bend area, and they intended to broadcast KWSI from microwave facilities to be located on Oregon public Broadcasting's tower on Awbrey Butte. Jonathan Basham, attorney for the Confederated Tribes of the Warm Springs Reservation, said they would do some preliminary testing, but not actually broadcast programing, and submit the result of that test to the FCC. He said they would share the results of the test with County Counsel. He said the Confederated Tribes were committed to resolving any interference problems. PAGE 3 MINUTES: 9-12-90 104 - 198 MAUDLIN: I would move signature and approval of sublease agreement for KWSI. PRANTE: I would second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $185,751.47. PRANTE: Move signature upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. HAYDEN VILLAGE PHASE I Before the Board was signature of a subdivision plat in Redmond for Hayden Village Phase I. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. LANE KNOLLS ESTATES PHASE II Before the Board was signature of a subdivision plat for Lane Knolls Estates Phase II. PRANTE: Move signature. MAUDLIN: I second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 4 MINUTES: 9-12-90 104 1980 10. HABITAT FOR HUMANITY WAIVER OF DUMPING FEES Before the Board was a request from Habitat for Humanity that their dumping fees be waived on a permanent basis. Commissioner Maudlin felt that they should make the request each time they started a project. The Board agreed to place Habitat for Humanity on the list for permanent waiver of dumping fees for defined building materials only. DESCHUTES COUNTY BOARD OF COMMISSIONERS ~ 4 1 L-ck- tz Lois 1~r'stow Prante, Commissioner VtP Tom hro p~ Chair Dick Maudlin, Commissioner BOCC:alb PAGE 5 MINUTES: 9-12-90