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1991-04196-Minutes for Meeting February 13,1991 Recorded 2/21/1991Jp6 - 0278 91-0419h thEC ~0SLMED MINUTES WAR DESCHUTES COUNTY BOARD OF COMMISSIONE FTF71 3}}. a - E..3 February 13, 1991 Chairman Maudlin opened the meeting at 10 a.m. Boarr=etbrsin attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Legal Counsel; George Read, Planning Director; Glynn Scott, Enforcement Officer; and Brad Chalfant, Property Manager 1. CONSENT AGENDA Consent agenda items before the Board were: #3, approval of Modification #22 to the 1989-91 Mental Health Intergovernmental Agreement #09-001; #4, signature of MP-90- 57 a minor partition creating three parcels of 10+ acres on Cascade Estates Drive for Rita Holte; and #5, signature of MP- 90-5 a minor partition dividing an existing lot in Gemstone Estates off of Archie Briggs Road for Gary Sobala. THROOP: Move approval of consent agenda items 3 through 5. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. CENTRAL ELECTRIC COOP SUBSTATION IN TOLLGATE Before the Board was discussion concerning a request from Central Electric Cooperative (CEC) for a temporary use permit for a substation in the Tollgate area. George Read said that CEC applied for site plan review for a substation, however, prior to application for the substation, they commenced construction. He received a letter from the Tollgate Owners' Association and a neighbor with concerns about CEC proceeding prior to the approval of land use permits. He asked Glynn Scott to investigate any violation of the zoning ordinance. The zoning ordinance specified that no grading or any other site preparation could commence without an approved permit. He spoke with Lane Powell of CEC who said that it was a temporary facility, the substation had been placed on a lowboy trailer, and it had been done for emergency purposes. George Read said it appeared to the Planning staff that CEC had gone way beyond the needs of a "temporary facility" since over an acre had been cleared of all vegetation, graded, and several hundred yards of rock applied to an approximate 1001x 100' area. Poles had been put in the ground, and there were structures on the ground in addition to the lowboy. This had all been done prior to receiving a land use permit. He said PAGE 1 MINUTES: 2-13-91 ry£e211991 106- - 0279 the staff had had conversations with CEC regarding what would be necessary, and felt there had been an understanding that CEC could not proceed prior to the issuance of permits. He said CEC filed for a temporary use permit the previous afternoon. The temporary use criteria required that it appear that the application would be given final approval in substantially the form submitted by the applicant. That was a very difficult criteria to meet since surrounding neighbors had expressed concerns about the noise level of the facility. However, there was an emergency situation, and an expedited approval would help resolve the noise issue since it was the noise from the temporary transformer on the lowboy which was creating the problem. Glynn Scott said the County had no jurisdiction over the internal works of the power substation but would over any building. The County would also have jurisdiction over the fence since it was over six feet in height. George Read said the zoning ordinance required they get planning approval for a substation. Commissioner Throop asked if CEC currently had any permits. George Read said no. Rick Isham said they had applied for site plan on January 17 and a temporary use permit on February 12, but no permits had been issued yet. Commissioner Throop asked CEC why they had done this much development without the proper permits? Ron Marceau, representing CEC, introduced Al Gonzales, CEC's office manager. Lane Powell, CEC's manager, had not been able to attend because of a critical meeting in Portland. Ron Marceau said there were national safety code requirements relating to substations whether they were temporary or permanent. Because of the high voltage, substations had to be fenced, and there had to be a grid under the substation for a ground. The only difference in preparing the site for a temporary versus a permanent substation, was that the permanent substation would consist of concrete pads on the ground. Commission Throop asked again why CEC proceeded without the proper permits. Ron Marceau said it was CEC's view that there was an emergency situation in the area. Commissioner Throop asked why they didn't come to the County and explain there was an emergency so that the County could expedite their permits. Al Gonzales said they did send a representative to the County who relayed the nature of the emergency and through the advise they received at that time, they proceeded. They didn't realize there was a temporary permit process. Commissioner Throop asked if Mr. Gonzales was saying that the Community Development Department, Planning Division, had told CEC they could proceed. Mr. Gonzales said no, CEC had just PAGE 2 MINUTES: 2-13-91 1Q - 0280 relayed the nature of the emergency and asked for a recommendation, and the recommendation received was to file a site plan and apply for the permit. Ron Marceau said the most important thing in CEO's mind was the alternative that if something had not been done, there would have been outages in the Tollgate area. Commissioner Throop said he did not understand why they had not come to the Board of Commissioner or the Planning Director. Mr. Marceau said that if it had been a situation that could have waited for permits, they would have. Commissioner Throop said that if it were a situation that couldn't wait, they should have come to the Board of Commissioners to get an expedited temporary permit. Commissioner Maudlin said there was no doubt there had been mistakes made. He asked if the site plan had been approved. George Read said it was in the process. They had sent notices out, the last date to submit testimony was last Friday, and he was prepared to make a decision as early as Monday. They had expedited the permit. Generally a hearing wouldn't be required but given the nature of the opposition, they probably would have a public hearing. He said the substation abutted several lots in the subdivision. Property owners were concerned about the number of trees and the amount of vegetation that had been wiped out, the damage to the roads in the surrounding area, and the noise of the transformer as well as the visual and aesthetic problems. He said these issues were not addressed in the site plan application, and therefore would generally be sent to a public hearing. Ron Marceau reminded the Board that CEC was a very community- relations minded organization, and had contacted a number of the area residents, and scheduled a meeting for that evening. CEC was confident that when they explained to the property owners what they were doing and why, the property owners would be in favor of the substation. CEC planned to put in 30 trees, paint to blend in with the terrain, and landscaping. Commissioner Throop said what CEC had done was just like someone building a house without getting any permits, and he hoped that CEC realized that they couldn't go out and do whatever they wanted anywhere they wanted without getting any permits. What they did was an illegal act. Mr. Gonzales said they understood, and in the future, they would do everything necessary to comply. During the cold spell at the end of December and first of January, there were hundreds of people in the area without electrical service. Their water pipes froze and caused a lot of damage. The cold weather identified a weak spot in their system, so they had to get a temporary substation in operation before another cold spell occurred. Commissioner Throop said CEC needed to work with the people who were legally required to issue them permits before doing that kind of activity. Ron Marceau said there was not an PAGE 3 MINUTES: 2-13-91 10 6 - 0281 awareness on CEC's part that there was such a thing as a temporary use permit, so they weren't intentionally ignoring the process. Commissioner Maudlin asked if the trees which were cut were on CEC's property, and whether it was a temporary installation. George Read said to his knowledge the trees were on CEC's property. The site plan review would probably mitigate the impact of the removal of the trees by requiring some other plantings. Mr. Marceau said they would do whatever the County required and "then some." The reason this "temporary installation" looked so permanent, was that federal regulations required that even a temporary installation be fenced, and have a grind under it. There was a portable transformer there now, but if the site plan was approved, they would put in the permanent pads, put the permanent transformers onto the pads, and move out the lowboy. The temporary installation was very noisy because it was on the lowboy. The permanent installation would be much quieter since it would be on a pad which would absorb a significant part of the noise. George Read said the noise was an issue of the site plan review, which made it difficult to issue a temporary permit for a transformer when they had already received a number of complaints about the noise. Commissioner Schlangen asked about the condition of the roads. Glynn Scott said the roads were all paved, and he didn't see any major road damage. Mr. Gonzales said there was a Forest Service Road which went to the McKenzie Highway which they would use for their access once the permanent construction was finished, and then there would only be one vehicle coming to the substation once a month to check the readings. Commissioner Throop expressed concern that there might be other situations in the County where CEC had failed to get permits. Mr. Gonzales said that CEC had a 20-year plan, and they would normally go through the right process way in advance. This situation was unique for CEC. Mr. Marceau said the work on the permanent structure could be done in three weeks. Rick Isham said that if the County issued a temporary permit for building the foundation--it would be a permanent foundation. What the permit indicated was that if they didn't get final approval of their land use application, they would have to tear the foundation out. So the temporary permit wouldn't require that they keep the substation on the lowboy. But if the permanent pads were built and the permit was denied, the permanent pads would need to be removed and the area revegetated. That was the risk that the applicant had to take to go forward prior to approval. George Read agreed that they could proceed to construct the permanent facilities if they assumed the risk. PAGE 4 MINUTES: 2-13-91 106 - 0282 He said generally site plan approval was not an "if" but "how," not whether or not the site plan would be approved, but under what conditions they could do the project. Commissioner Maudlin asked if they were aware that a permit was required for the fence. Ron Marceau said they were now. Commissioner Throop said he thought the County's requirements concerning fencing were the same as the City of Bend's. Commissioner Schlangen was concerned about the area residents' feeling that the County was "letting this happen to them." She wanted CEC to take responsibility for explaining the circumstances at the meeting that evening. Commissioner Throop suggested that since CEC had not been aware of the fencing permit requirement that it might be to their advantage to meet with Community Development staff to go over what was legally required in terms of permits. Commissioner Throop said he didn't feel the Board could make a decision about the temporary use permit. He felt the decision should be made by the staff who were knowledgeable and normally would make this type of decision. He felt the Board's direction should be to make it a high priority for the involved staff. Commissioner Maudlin said he would like it to go through the process as quickly as possible. 3. PUBLIC HEARING: ORDER 91-012 TRANSFERRING FOUR PARCELS TO THE CITY OF REDMOND Before the Board was a public hearing on the transfer of four county-owned parcels of land to the City of Redmond. The City of Redmond eventually would use the proceeds from these parcels to purchase property that would be used for a parking lot for the new Redmond Senior Center. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. THROOP: I'll move approval of Order 91-012. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 5 MINUTES: 2-13-91 106 - 0283 4. 5. REQUEST FOR REPURCHASE OF PROPERTY Before the Board was a request from Kelly LaPierre to repurchase property on 3rd Street between Heierman and Mayfield in Lapine for $3,669.71 which included all fees and back taxes. THROOP: I'll move approval of the repurchase. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES REFUND REQUEST FROM MIKE RENZETTI Before the Board was a request from Mike Renzetti that the property he recently purchased at a County auction either be placed on the next auction and his money refunded or the difference between the minimum bid and the amount he finally paid be refunded. He made this request since the only person who bid against him at the auction, outbid him on another piece of property and then refused to complete the sale. He, therefore, felt the gentleman was a disqualified bidder, and since he was the only other bidder on the property Mr. Renzetti purchased, his money should be returned and the property placed back on the auction list or he should be refunded the excess that he paid over the minimum bid. Commissioner Maudlin felt that if the County gave Mr. Renzetti back his money and placed the property back on the auction list for resale, the County would have to offer that opportunity to all individuals who had purchased property at the auction. If the County gave him back the money he paid over the minimum bid, it would set a precedent that might require that the County do the same for others who paid above the minimum bid. Rick Isham said he concurred with Commissioner Maudlin. He said the auction was held in accordance with the statute, and he did not feel there was anything inherently unfair about the way the auction was held. He said they would be considering a new procedure which would, hopefully, keep this type of situation from occurring in the future. Commissioner Throop said he had come into the meeting with a preference for refunding the money and placing the property on the next auction, but felt the legal and precedent setting questions were compelling. PAGE 6 MINUTES: 2-13-91 106 - 0284 The Board asked Rick Isham to write a letter to Mr. Renzetti indicating the legal issues and precedent issues, and stating they wished there had been something they could have done for him. THROOP: I'll move denial of the request for nonsale. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 6. WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $404,419.56. SCHLANGEN: I move approval of warrant vouchers subject to review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 7. WASTE WATER AGREEMENT WITH THE CITY OF BEND Before the Board was signature of a Wastewater Sale and Easement Agreement with the City of Bend. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. ORDER 91-034 TRANSFERRING CASH Before the Board was signature of order 91-034 transferring cash in the aggregate amount of $1,324,640 within various funds of the Deschutes County budget. THROOP: Move signature of Order 91-034. SCHLANGEN: Second. PAGE 7 MINUTES: 2-13-91 106 w 0285 VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. RESOLUTION 91-011 TRANSFERRING APPROPRIATIONS Before the Board was signature of Resolution 91-011 transferring appropriations within various funds of the Deschutes County budget and directing entries. SCHLANGEN: Move signature. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin closed the meeting before the Deschutes County Board of Commissioners and reconvened as the Governing Body for the Black Butte Ranch Service District. 10. RESOLUTION 91-009 AUTHORIZING PARTICIPATION IN PERS Before the Board was signature of Resolution 91-009 authorizing Black Butte Ranch Service District to participate in the Public Employees Retirement System and not to participate in the Federal Social Security system. Rick Isham had spoken with Becky Lu Brown of the Black Butte Ranch Association, and she said the reason for the decision not to participate in the Social Security system was primarily due to cost. They had a meeting with the employees who would be covered. Since most of them were older people, the district's cost of participation in PERS would be over 22% while the County's cost was about 8%. In addition, the employees would have to pay their contribution. They did not take a vote but felt the consensus was that they would rather participate in PERS than Social Security. MAUDLIN: I would entertain Resolution 91-009. THROOP: So moved. SCHLANGEN: Second. VOTE: THROOP: SCHLANGEN: MAUDLIN: YES YES YES a motion for acceptance of PAGE 8 MINUTES: 2-13-91 106 0286 11. RESOLUTION 91-010 REGARDING LOCAL GOVERNMENT POOL Before the Board was Resolution 91-010 authorizing Black Butte Ranch Service District to participate in the investment of funds through the State of Oregon Local Government Investment Pool. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin adjourned the meeting. DESCHUTE COUNTY BOARD OF COMMISSIONERS Tc7 hroop ommissi6ner PoCommiss'oner Dick Maudlin, Chairman BOCC:alb PAGE 9 MINUTES: 2-13-91