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1991-13067-Minutes for Meeting May 08,1991 Recorded 5/14/1991s1-1~0s7 MINUTES 0106 1123 DESCHUTES COUNTY BOARD OF COMMISSIONERS May 8, 1991 Chairman Maudlin called the meeting to order at 10:05 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were Larry Rice, Public Works Director; Bruce White, Assistant County Counsel; Lynn Premselaar, Health Director; Rick Isham, County Legal Counsel; Karen Green, Community Development Director; Brad Chalfant, Property Manager; and Dave Leslie, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #l, signature of Acceptance of Bargain and Sale Deed dedicating reserve strips in South Heights Subdivision in Redmond; #2, chair signature of Revision #4 to Notice of Grant Award to increase WIC program; #3, chair signature of Health Department FY 1991-92 Annual Plan/Grant Packet; #4, approval of Plan Amendments to the 1989-91 Community Corrections Plan; #5, signature of MP- 90-19 creating three parcels along Gosney Road for Bob Shannon, Jr.; and #6, signature of landlord's consent for Equipment Lease/Purchase at Humane Society Office. THROOP: I'll move approval of consent agenda items. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. RESOLUTION 91-038 DECLARING NATIONAL HISTORIC PRESERVATION WEEK Before the Board was signature of Resolution 91-038 declaring the week of May 12 to May 18, 1991, as "National Historic Preservation Week" in Deschutes County, Oregon. THROOP: I move signature of the resolution proclaiming the week national historic preservation week. SCHLANGEN: I'll second that. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 1 MINUTES: 5/8/91 sv~~ KEM NFD M_ gym: o._ 0106 1124 3. CONTINUED PUBLIC HEARING: ORDER 91-017 VACATING ROY L. KIDDER ROAD Before the Board was a continued public hearing concerning Order 91-027 vacating a portion of the Roy L. Kidder Etal Road. Chairman Maudlin opened the public hearing. Larry Rice said there was an additional action being requested of the Board in addition to the Road vacation. The long-range request was to fold the access issue for the canyon to the west and for Kidder Road into the BLM Wild and Scenic Rivers study which was not scheduled to be completed until fall of 1992. The short-range request was to revert the road from a County Road to a public road, to direct that the "No Trespassing" sign on the present gate be removed, and to ask the Public Works Department to build a pedestrian overpass on the fence. Dave Leslie suggested proceeding with the short-range requests on Kidder Road. Rick Isham said the short-range requests would require a separate process from the road vacation process. Larry Rice said the road vacation issue would be postponed until the BLM Wild and Scenic Rivers study would be finished. Rick Isham did not recommend continuing the public hearing until the study was finished because the meeting notice would be stale. He suggested denying the vacation, and then starting from the beginning when the study was finished. Commissioner Throop asked why the County would want to change the road from a County road to a public road. Larry Rice said that it would remove the County from liability. Rick Isham suggested that the County would have more authority with respect to the roadway if it were in County jurisdiction rather than a public road. Dave Leslie said the BLM would be happy to see the local, interested parties negotiate an agreement before the BLM study was finished, and then BLM could fold their recommendations into the BLM plan. Chairman Maudlin announced that this public hearing would be continued one week (May 15, 1991). 4. HEALTH DIRECTOR RECRUITMENT SALARY Before the Board was a request from Lynn Premselaar that when discussing salary with prospective, qualified candidates for the Health Director position, she have the flexibility to offer up to salary step 5 of the Jacobson study recommendation. She said that due to the reduction in work PAGE 2 MINUTES: 5/8/91 0106 1125 hours and salary being implemented in the County on July 1, 1991, three of the four finalists would withdraw from consideration unless she had the option to implement the Jacobson study. Mike Maier said that implementing the Jacobson Study would put the range for a 36 hour workweek at $35,500 to $48,600. He felt that Step 5 ($3,466 month) would be the highest salary that should be considered for a qualified candidate. He recommended that the Board authorize them the flexibility to negotiate within step 1 through step 5 of the Jacobson Proposal. Commissioner Throop said the County should go forward with the Jacobson Proposal. He supported going with step 5 for the Health Department Director. THROOP: I would move that we take present Health Director and Administrator recommendation which is to offer that position as high as Jacobson Proposal Step 5, if in fact those highly qualified candidates meet the criteria necessary to be hired in at that step. SCHLANGEN: Second. Chairman Maudlin said he was concerned that the County was not able to hire a qualified candidate under the current salary schedule. He agreed with the motion which would address the fact that more flexibility in the salary range was needed to get the best qualified people to apply. Commissioner Schlangen asked if Commissioner Throop had intended the motion to include initiating the whole Jacobson Study or just the Health Director range. Commissioner Throop said the motion applied to just this position, but since the money had been invested to have a study done, he felt they needed to make the decision to go forward with those recommendations. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. PERSONAL SERVICES CONTRACT WITH NORMA CROSS This item was postpone one week. 6. ADVERTISEMENT FOR DEPUTY DISTRICT ATTORNEY Chairman Maudlin said the monetary impact Administrator. that this item would be postpone until was worked out by the County PAGE 3 MINUTES: 5/8/91 0106 1126 7. CDD FEE WAIVER POLICY Karen Green said that approximately three weeks ago, the Board adopted a policy of no longer allowing CDD fee waivers because of the County budget situation. She pointed out that there was a written agreement with the City of Bend for reciprocal fee waivers and that the County was obligated to waive fees for projects in the Redmond Enterprise Zone. The Board needed to decide whether they wanted to continue these fee waivers or allow them just for select municipalities. She said the Community Development Department would not be concerned about exempting municipalities including the park districts, the school districts, the cities, and the enterprise zone. Chairman Maudlin said he felt the general consensus was that the cities of Bend, Redmond and Sisters, the School Districts, the Park & Recreation Districts, and the Enterprise zone should be excluded from CDD fees. THROOP: I'll move the Commission Chair summary. SCHLANGEN: Second VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 8. LAPINE INDUSTRIAL PARK LOT PURCHASE BY TOM HARMON Before the Board was a request from Tom Harmon Logging to purchase a Lot 8, Block 1 in the LaPine Industrial Park. Brad Chalfant said that the LaPine Chamber of Commerce had endorsed the project. Beverly Toney, a LaPine realtor and member of the industrial park committee, had verbally expressed to Brad Chalfant that she had an objection to the sale because it was not a "clean industry." She had been asked to provide written comments but none had arrived. Commissioner Throop said he had talked with Steve Gold, representing the Chamber of Commerce; Gordon Wanek, a member of the industrial committee; and Beverly Toney. He felt the LaPine Chamber gave a more thorough consideration and analysis of the project. The Chamber felt that the industrial park was already somewhat committed to these kinds of businesses and felt that it would be unrealistic to set up a "clean industry" portion on the newly platted parcels because there wasn't a natural barrier between Oregon Pacific Industries and J & J Lumber and Northwest Pine Products. The Chamber recommendation was that the County consider developing part of an adjoining parcel west of the railroad tracks for "clean industry." They also requested that Deschutes County work PAGE 4 MINUTES: 5/8/91 0106 1127 with Mr. Harmon to see if he would be interested in a different lot (i.e. lot 5) which would not be on the entrance of the new access to the park when Reed Road and Russell Road are approved. Plus they requested that standards be made on how the lot was developed i.e. buffer between operation and the road. Gordon Wanek opposed the project, however, he had not benefitted from the chamber discussion. Brad Chalfant said it might be difficult to convince Tom Harmon to switch to Lot 5 because Lot 8 would give them access to Reed Road when it was eventually improved. He said Lot 5 had a sale price of $50,000 while Lot 8 was $41,000. The Board directed Brad Chalfant to contact Tom Harmon and offer him Lot 5 for the same price as Lot 8 since there were some concerns by the Board and the Chamber of Commerce that this business would better fit in that area. Brad was asked to bring back the response to the Monday, May 13, 1991, work session. Rick Isham asked if Mr. Harmon agreed to take Lot 5 instead of Lot 8, was it agreed that the purchase was approved by the Board. The Board agreed that this purchase would be approved, and the real estate commission that would have been paid on Lot 8 would be paid on Lot 5. 9. TFR TECHNOLOGIES INC. LOAN Chairman Maudlin said that he had spoken with Mike Burton, COIL, and the owner of TFR. He said they had no objection to both the husbands and wives signing off on the loan but they didn't want to provide any cash, because they needed the cash to live on. The proposed loan from the state was set up so the funding would go to them "as they needed it." The County would be loaning they 100% at the outset. The state was not requiring collateralization. Chairman Maudlin told TFR that the County would probably accept whatever package Mike Burton recommended. He was asked if the County could "commit" to a loan but not make it until it was needed. Chairman Maudlin said there needed to be a time frame on the loan, because the County would need to know when the money would be coming in should another opportunity to make a loan come up. He said the state might not make the loan unless the County agreed to the loan. He said that Mike Burton would come back to the Board with a recommendation. 10. WEEKLY WARRANT VOUCHERS Before the Board were the weekly bills in the amount of $217,992.35. SCHLANGEN: Move approval. PAGE 5 MINUTES: 5/8/91 0106 1128 11. 12. 13. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MP-90-31 CREATING THREE PARCELS IN EFU-20 ZONE Before the Board was signature creating three parcels of 23, zone. of MP-90-31, a minor partition 20 and 37 acres in an EFU-20 THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES SUBDIVISION PLAT FOR NOLAN'S ADDITION PHASE III Before the Board was signature of a Subdivision Plat for Nolan's Addition Phase III in Redmond. SCHLANGEN: Move signature. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES FILING FEE FOR DRRH FIREARMS Before the Board was a request from the organizers of the proposed anti-discharge of fire arms district in Deschutes River Recreation Homesites. Bruce White said the ordinance required that when a petition was presented, it would be accompanied by a some of money determined by the Board which would be sufficient to cover the expenses of forming of the district. He said that petitioners were typically charged $150 to cover the costs of advertising in the newspaper. Claude Sprouse, who was heading up the formation of the district, told Bruce White that he had had discussions with Commissioner Prante where she indicated that they would not have to pay this fee. Rick Isham said that the signs put up to designate a special district boundary would be sold to the chief petitioner. PAGE 6 MINUTES: 5/8/91 0106 1,11,29 Chairman Maudlin said the Board had recently decided not to waive fees except for certain municipalities. Commissioner Throop also pointed out that this particular fee was to offset actual costs to the County, i.e. advertising, not just for the County's time in putting the district together. Commissioner Throop said he would be talk with Claude Sprouse regarding the fee. Rick Isham said that Chapter 9.08 was amended to eliminate the obligation to obtain a fee for each of the separate subdivisions. He said there was no discussion when he was in Commissioner Prante's office regarding waiving the fees entirely. The issue was that each subdivision required a separate fee and there were 17 separate subdivisions which would require a lot of money. So the purpose of amending Chapter 9.08 was to allow a consolidated petition that would include a combination of contiguous subdivision. DESCHUTES OUNTY BOARD OF COMMISSIONERS Tom hroop, C Toner N ncy Pope S h ang n, Commissioner . a lin, Ch irman BOCC:alb PAGE 7 MINUTES: 5/8/91