1991-00141-Minutes for Meeting December 12,1990 Recorded 1/3/199191-00141
MINUTES
1.05 - 1845
DESCHUTES COUNTY BOARD OF COMMISSIONERS,,
noncml,cr 12 1990
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Chair Throop opened the meeting at 10 a.m. Board membem in
attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were: Rick Isham, County Legal Counsel; Larry Rice,
Public Works Director; Bruce White, Assistant Legal Counsel; Dave
Hoerning, County Engineer; and Susan Mayea, Office Manager.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Order 90-170 establishing a portion of relocated Reed Avenue
as a County Road; #2, signature of Acceptance of Warranty Deed
and Bargain and Sale Deed for right-of-way on Ward Road; #3,
approval of conditional use for road improvements on NW 43rd
Street between Ice Avenue and Chinook Drive; #4, signature of
Order 90-171 establishing a portion of Meyer Drive as a County
road; #5, approval of classification description of CYSC
Coordinator; #6, signature of Industrial Lease with
Maintenance and Machine Erectors, Inc. for two acres on Mt.
Parkway in Redmond; #7, appointment of Mark Henry to Library
Board; #8, signature of MP-90-3 creating two parcels of 20+
acres in an EFU-20 zone on Highway 20 for the Tates; #9,
signature of tax refund Order 90-173; and #10, chair signature
of Monthly Contract Voucher for Reimbursement for Children's
Trust Fund.
PRANTE: Move consent agenda.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
2. PUBLIC HEARING: ORDER 90-172 CINDER BUTTE ESTATES
Before the Board was a public hearing on Order 90-172
certifying the assessments for road improvements on certain
real property in Cinder Butte Estates West, First Addition
LID, and requiring notices of assessments to property owners.
Dave Hoerning said there had been no remonstrances. The
initial estimated cost had been $19,500 with a per lot
assessment of $672.42. The final costs came in at $20,475 for
a per lot assessment of $706.03. He recommended that the
Board approve assessment of the final costs to the twenty-nine
property owners.
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Chair Throop opened the public hearing. There being no one
who wished to testify, the public hearing was closed.
PRANTE: Move signature of Order 90-172.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. PUBLIC HEARING: DEVELOPMENT PROCEDURES ORDINANCE 90-007
Before the Board was a pubic hearing on the Development
Procedures Ordinance 90-007.
Bruce White gave the staff report. He said there was a model
statement, which should be read at the beginning of each land
use action or appeal hearing, attached to the draft ordinance.
It would help the Board conduct the hearing and would be
another piece of information for the public attending the
hearing. The reasons for making changes to the ordinance at
this time were: (1) HB 2288 required notice be given with
increased detail, required continuances in certain cases, and
required that the record be held open in others, (2) LUBA
opinions in the area of what constituted land use actions
which required that some applications, which had been handled
as administrative actions without notice to the public, be
handled with notice to the public, (3) adding procedures to
the ordinance which the County was already doing or were
outlined in other parts of the code, (4) comments from the
public asking for increased information, and (5) policy
guidance from the Planning Commission (primarily to tighten
the requirements to get a temporary approval). This ordinance
would include in one package all provisions of the land use
permit process. Sections had been proposed allowing members
of the public to get on the media mailing list and requiring
that the previous month's land use permits, which were decided
administratively, be made available to the public. To tighten
up the process for temporary approvals, the definition of
"good cause" would require something more than just
convenience on the part of the applicant. The Planning
Commission had proposed a bonding requirement, but the staff
recommended against it. Most of the changes in the ordinance
were either existing procedures or mandated by statute.
Bruce White said there we
in the temporary use
administrative decisions
public (i.e. landscape
requirement that people
re some policy choices in the changes
approvals. There would be more
requiring increased notice to the
management permits). They added a
making appeals ask for a copy of the
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tape to prepare the transcript. They would have 10 days after
the time the tapes were sent out to bring in their transcript.
Commissioner Prante asked when the County had already had a
transcript done, would the appellant be able to use it instead
of having one of their own done. Commissioner Throop said
that transcriptions done by the County were rarely of the
whole meeting and would not be done in a timely manner for
this purpose.
Commissioner Maudlin asked what "recent" meant when it said
"recent administrative decisions be set out for public
review." Mr. White said it meant the last month's decisions
would be made available in a place to be determined by the
Planning Director. Commissioner Maudlin asked if there had
been a charge established for members of the public who were
placed on the notification list. Mr. White said the language
said that "any person may, upon payment of a fee set by the
Planning Director, request to receive the Planning Division
weekly media update packet." Since this was not a change in
an existing fee, it would not have to wait until the fee
schedule was revised to implement and would be based upon
actual costs.
George Read said this ordinance would be effective
December 17, 1990. One of the changes was in the calculation
of time. The County had traditionally published notices in
the Bulletin on Sundays, but the calculation of time required
that Sunday not be used as one of the ten days, therefore the
notices would be published on Friday since the Bulletin did
not publish a paper on Saturday.
Chair Throop opened the public hearing.
William Boyer, 17575 Jordan Road, Sister, 97759, testified on
behalf of the Rural Preservation Committee. He expressed
appreciation for allowing the public to be place on the
mailing list. He suggested that the notices also be
transmitted (not published) to other county newspapers so that
editors could determine whether the issue would be of interest
to his readers.
Greg Hendrix, land use attorney, 716 NW Harriman, 97701,
testified that he felt the new Procedures Ordinance was a step
forward and was well done. He raised a philosophical concern
that the appeal's process was too expensive. The appeal costs
to get from the hearings officer level to the Commission level
were too expensive for many people. He suggested that the
costs be added to the initial development charge. It was
approximately $500-$650 for an appeal plus the cost of the
transcript. Most of the other steps in the appeal process
only cost $100. Commissioner Throop said that the next time
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the Board considered the fees ordinance, they would take his
comments into consideration.
PRANTE: I would move first and second reading by title only.
MAUDLIN: I'll second the motion.
Bruce White asked if the motion included the amendment
suggested by Mr. Boyer. Karen Green said they would not have
a problem providing the extra notice.
Bruce White proposed that on Page 12 of Exhibit A, Section
22.24.030 a new Subsection 4 be added: Media Notice. Copies
of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County. The same language
would also go into Section 22.12.020 adding a new
Subsection 4.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Chair Throop performed the first and second readings of
Ordinance 90-007.
PRANTE: I will move adoption of the ordinance to include
the two statements as worded by legal counsel.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. PUBLIC HEARING: SPECIAL TRANSPORTATION GRANT FUNDING REQUESTS
Chair Throop reported that the Deschutes County Board of
Commissioners had the ultimate responsibility for making
financial decisions for special transportation fund money
received from the State of Oregon. This public hearing was
to consider applications for a pool of new grant money
available capital purchases. The Board of Commissioners was
responsible for prioritizing and transmitting the grant
applications to the State.
Susan Mayea, staff for the Special Transportation Fund
Advisory Committee, said the committee received eight
applications from transportation providers and prioritized the
applications as follows: (1) Dial-a-Ride, (2) TransCentral
Public Transportation, (3) Opportunity Foundation of Central
Oregon; (4) Residential Assistance Program, (5) Owl Taxi
Service, (6) Redmond Taxi, (7) Disabled American Veterans, (8)
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Central Oregon Council on Aging. She said the Board would
need to determine which applications would be submitted to the
State and in what priority.
Chair Throop opened the public hearing.
Bob Slawson, Chair of the STF Advisory Committee, said the
committee was required by the state to review and prioritize
the applications. They ranked the applications in accordance
with coordination of services and need. The committee did
their best to prepare something that the State would find
reasonable. He said the ADA Act (Americans with Disabilities
Act) was passed in July of 1990, which required that
communities provide transportation accessibility for all.
Darrell Wilson, P.O. Box 430, Redmond, 97756, a member of the
STF committee representing the Opportunity Foundation of
Central Oregon, commented that Deschutes County had a high
level of transportation needs. He was concerned that this new
grant required applications to include connectivity and
networking which was difficult for services for the mentally
retarded. They could not find a way to link their programs
with other providers in the community.
Jorgen Due, 21114 Deschutes Hwy, Bend, OR 97701, commander
of the Disabled American Veterans, said their application for
a van was very important to the health and safety of disabled
veterans in Deschutes County. There were 11,000 veterans in
Deschutes County, and they had a roster of over 400 disabled
veterans, many of whom were elderly. They needed to have
transportation to and from the Veterans Hospital in Portland.
There would be no expense to Deschutes County after the van
was purchased since everything would be paid for by the
Veterans Administration.
Commissioner Prante asked if it were possible for them to
utilize another transportation system, i.e. transcentral. Mr.
Due did not feel that any other transportation system could
respond to the irregularities of their appointments in
Portland.
Commissioner Throop said he understood that one of the
requirements that was imposed by the State was the coordinated
use of the capital equipment being purchased. After reading
through the applications, he understood that one of the
reasons the Disabled Veterans application was rated lower than
some others was because there wasn't any opportunity for
coordination with other transportation dependent populations.
Mr. Due said that was correct, but funding their van would
take a burden off the other transportation systems.
Bill Robert, 62310 Powell Butte Rd., Bend, Central Oregon
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Veterans Council, said he was coordinating the effort to raise
funds to support the van. They realized there was little
chance of their application being funded because of the lack
of coordination. The van had to be used for veterans only
because of a Veterans' Administration Rule. They appreciated
the effort that everyone was making on their behalf, and would
proceed with a local funding effort if their application was
not funded.
Commissioner Throop said that in reality only one project may
be funding this year, and that it would take a few years to
work through these requests.
Cheryl Spawn, 2055 NE Division, Bend, 97702, with TransCentral
Public Transportation Inc., said that out of the 33,000 people
they transported, 18,000 were disabled. With the two vehicles
they requested, they would put one on the Portland/Bend
shuttle route. The other was needed to fill the gap left by
Dial-a-Ride. They provided help to the school districts to
transport children where it didn't make sense to send a big
school bus. There were people who lived in the outlying areas
of Redmond and Prineville who were not eligible to ride with
Dial-a-Ride or didn't fit within their schedule. Their only
other alternative would be to send for an ambulance while
TransCentral could transport them for $20-$25 one way.
Bob Slawson said that the committee knew the veterans had a
great need for a van and hoped that their needs could be
helped by some of the other providers in the area.
Jim Pessemure, 20569 Rim Vista, Bend, president of CAC
Transportation, asked that the Commission review the
applications well. He felt that TransCentral had done an
excellent job but questioned whether there was a need for a
wheelchair shuttle bus between Bend and the Portland airport.
He didn't feel that more than 2% of the total ridership would
need the wheelchair accessible shuttle, so why should 80% of
the cost of the vehicle be paid for with public funds?
Commissioner Prante responded that when the disabled needed
transportation, they had to have very expensive equipment
which was an accommodation the public had to make for the
disabled. She said it wasn't a profitable venture, which was
why private industry had not already filled the need. Mr.
Pessemure said other providers were already going to Portland,
i.e. Greyhound and RAZ transportation, and he felt that public
funding for 80% of the cost of this van for TransCentral would
affect the competitiveness of RAZ or Greyhound. Because of
the new federal law, all new vehicles in larger fleets would
be required to have wheelchair accessibility.
Cheryl Spawn said that their shuttle was primarily an airport
shuttle and that Greyhound and RAZ did not serve the airport.
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She did not believe there was a transportation company out of
Central Oregon which was wheelchair accessible.
Jorgen Due wanted to reiterate that once the van was
purchased, no further funds would be requested from the County
or the State.
Maili Tigner, Deschutes County Mental Health Developmental
Disabilities Team, said they had a contract with TransCentral
for a number of their services and also supported the
Opportunity Center and RAZ.
Chair Throop closed the public hearing and announced that the
Board would make their decision on Friday, December 21, at
10 a.m. Written comments would be accepted until that time.
5. PROPOSAL TO PURCHASE PROPERTY ON COOLEY ROAD
Bruce White said that a letter had been sent to Charlie Brown
outlining the conditions under which the County would agree
to sell them the property on Cooley Road and gave them until
December 14, 1990, to accept or reject this proposal. When
the letter was written, it had been assumed that the 30 foot
strip on the west side was not indicated on the transportation
plan map. After the letter was sent, he found out that there
was a dotted line on the transportation plan map to indicate
a future collector. The Public Works computer model on that
road indicated that in 25 years the average number of trips
on that road would be 45,000. He also said that the property
had been appraised without including the water rights.
Rick Isham suggested that the Board direct Bruce White to
modify the proposal and give additional time for the Browns
to consider the new issue. The Board agreed that the Brown's
should be notified that the offer was now reduced by this 30-
foot strip of land, that the costs of the property would be
reduced accordingly, and that they had until December 21,
1990, to make their decision.
6. ADDITIONAL LOAN FOR REDMOND WOOD PRODUCTS
Dick Maudlin said that because the Small Business
Administration '(SBA) had required more collateral on their
part of this loan, the County's collateral position had been
reduced. He said Mike Burton was of the opinion that the
market value and the liquidation value of the equipment was
probably overestimated and was closer to $400,000 than
$800,000. He was impressed with the letter from Juniper
Banking which said they would be participating with a loan of
300,000 along with the SBA. He recommended that the Board
agree to the additional loan as outlined by Mike Burton with
the proviso that the County take a position on all of the real
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property involved in the personal statement, i.e. buildings
of Redmond Wood Products, the residence, and the Three Rivers
Recreation area property which amounted to $670,000.
Rick Isham pointed out that the SBA was taking a first
position on the house. He said that there was so much in
front of the County's lien position that the County probably
would not have the financial capability of taking out the
priority liens. Commissioner Maudlin said there was $298,000
in front of the County on the Redmond Wood Products real
property, and it was valued at over $450,000.
PRANTE: I will move that we approve the loan with the
contingencies and stipulations recommended by
Commissioner Maudlin.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
Rick Isham suggested that a review be made of the inventory
for the first loan to make sure that the collateral had not
been dissipated.
7. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$260,503.67.
PRANTE: Move approval upon review.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
8. COUNTY POLICY ON USE OF SEAT BELTS
Before the Board was a revision of the Deschutes County
General Policy on seat belts.
PRANTE: I'm going to move approval of the county policy on
the use of seat belts.
MAUDLIN: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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9. REAPPOINTMENT OF ERIC DOLSON TO PLANNING COMMISSION
Before the Board was reappointment of Eric Dolson to the
Deschutes County Planning Commission.
PRANTE: Move reappointment.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. APPOINTMENT OF JOHN JANSSEN TO SPECIAL ROAD DISTRICT #8 BOARD
OF DIRECTORS
Before the Board was appointment of John Janssen to Special
Road District #8 Board of Directors.
PRANTE: Move appointment.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. BOARD OF EOUALIZATION
Before the Board was appointment of Mike Rose and Ted
Schassberger to the Board of Equalization with Lois Bristow
Prante as the representative from the Board of Commissioners.
PRANTE: I would move that we reappoint the existing
committee.
MAUDLIN: I'll second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
12. WAIVER OF FEES FOR LAPINE PARK AND RECREATION DISTRICT
Before the Board was a request from Gordon Wanek from the
LaPine Park and Recreation District to waive the fees for the
LaPine Park and Recreation building repairs.
PRANTE: I'll so move that we waive the LaPine building
Community Development fees.
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MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
4Lis ri tow ante, Commissioner
i
Tom Throop, Chair
D Maudlin, Commissioner
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BOCC:alb
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