1991-19215-Minutes for Meeting June 19,1991 Recorded 6/27/199191-19215 Q&
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MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS JU" 27 PRI 1:03
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June 19, 1991
Chairman Maudlin called the meeting to order at 10 aft''' # Boaf
members in attendance were Dick Maudlin, Tom Throop, and Nancy Pope
Schlangen. Also present were: Bruce White, Assistant Legal
Counsel; Mike Maier, County Administrator; Frank Moore, Mental
Health Director; Susan Mayea, Commission Office Manager; and Karen
Green, Community Development Director.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Resolution 91-061 authorizing participation of Public Works
Department in Pacific Power Radio Help Partnership Program;
#2, signature of Intergovernmental Agreement with Child
Development and Rehabilitation Center at the Oregon Health
Sciences University; #3, Chair signature of Maintenance
Agreement for a Canon PC80 in the Clerk's Office; #4,
signature of Letter to BLM concerning proposed Lindsay
Trust/Ferry Canyon land exchange; #5, signature of Bargain and
Sale Deed for the repurchase of property on Coyote Lane in
Sunriver by Dave Hogue; #6, signature of Conservation Easement
for Robert & Chris Hamilton concerning property in Skyline
Subdivision; #7, Chair signature of Law Enforcement Data
System User Agreement for District Attorney's Office; #8,
signature of Order 91-078 establishing the road name of 69th
Place; and #9, signature of Development Agreement for a
Central Electric Cooperative Substation east of Sisters.
SCHLANGEN: I move approval of the consent agenda.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. CONTINUED PUBLIC HEARING: ORDER 91-075 ESTABLISHING AREA IN
DRRH WHEREIN DISCHARGE OF FIREARMS IS PROHIBITED
Before the Board was a continuation of a public hearing
concerning order 91-075 which would establish an area in the
Deschutes River Recreation Homesites wherein the discharge of
firearms would be prohibited.
Chairman Maudlin said the Board received a letter in
opposition to the formation of the district indicating it was
illegal for the district boundaries to be changed after the
petitions had been signed. Bruce White said it was Legal
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Counsel's opinion that the petition, as submitted, could not
have been accepting for filing because it included areas which
were not "subdivisions" or were not "contiguous."
Commissioner Throop asked for a clarification on whether the
Board could make adjustments in the district boundary after
the petitions had been submitted. Bruce White said that the
alternative would have been to reject the petition altogether.
He felt it was an open question, but that only someone who was
charged under it would have standing to challenge it. The
County felt that it was in the interests of the signers to
proceed, and the petitioners had wanted to proceed.
Commissioner Throop said he wanted to go forward with the
public hearing.
Chairman Maudlin opened the public hearing. He said the Board
had also received a letter which was in favor of the formation
of the district. He asked if there was anyone who wanted to
testify.
Herb Koppel, 17255 Azusa Rd., Bend, 97707, testified in favor
of the formation of the district, and said he had helped
collect the signatures on the petition. Two years ago, his
daughter and granddaughter were outside his home when a
neighbor discharged a firearm, and the bullet went over the
top of his house. They heard it go over. His wife spoke to
the gentleman who discharged the firearm. He never shot in
their direction again but continued to shoot within the
subdivision. If the district had already been formed, a
deputy sheriff could have spoken with the gentleman which
would have taken care of it. He said they heard shooting
"continuously."
Jack Broadley, 56271 Stellar Drive, Bend, 97702, testified
against the formation of the district. He felt there were
enough laws already regarding endangering which couldn't be
enforced. He felt people should do their own policing, and
he didn't feel the petition was legal.
James E. Cate, 17254 Satterly Way, Bend, testified in favor
of the petition and was one of the petitioners. The people
in his neighborhood felt something had to be done about the
shooting. They wanted to better the community. He felt a lot
of the shooting would be eliminated just by having the signs
posted, since many of the people just came for the weekend and
thought they were in a wilderness area. He thanked the
Commissioners and Legal Counsel for their work in guiding the
petitioners through the process. He said that in the record,
there were letters from the Department of Fish and Wildlife
and the Oregon Hunters Association which were in favor of the
formation of the district. The formation of the district
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3.
4.
would not exclude hunting along the river.
There being no one else who wished to testify, Chairman
Maudlin closed the public hearing.
Bruce White clarified that the reason the original public
hearing was continued was because the adequacy of the legal
description was questioned. After review, he was satisfied
that the legal description was accurate.
Commissioner Throop said that when citizens took their own
initiative to identify and solve their own problems, he felt
the majority should rule. There was a substantial majority
of the residents who had signed petitions, and he thought it
was important that the Board adopt this order.
THROOP: I would move approval of Order 91-075.
SCHLANGEN: Second.
Commissioner Maudlin was also of the opinion that there would
be an enforcement problem regardless of what action the Board
took, and there were already laws on the matter. He thanked
Bruce White for doing the legal work on this proposal.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PUBLIC HEARING: DESCHUTES COUNTY BUDGET FOR FY 1991-92
Before the Board was a public hearing on the Deschutes County
Budget for fiscal year 1991-92. Mike Maier said the
resolutions adopting the budget and levying the taxes would
be presented to the Board at their meeting on June 26, 1991.
Chairman Maudlin opened the public hearing.
There was no one who wished to testify. Chairman Maudlin
continued the public hearing until 11:08 a.m. for further
budget discussion with the County Administrator.
RESOLUTION 91-059 DESIGNATING COURTHOUSE NON-SMOKING
Before the Board was signature of Resolution 91-059
designating the Deschutes County Courthouse Building as a non-
smoking building.
SCHLANGEN: I move approval of the resolution.
THROOP: Let me second the motion.
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Mike Maier asked if this smoking ban would include members of
the Sheriff's Department who worked in that building on
weekends or evenings. The Board said that it would.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: NO
5. COIC LOAN SERVICING AGREEMENT
Before the Board was signature of a contract with the Central
Oregon Intergovernmental Council for the management of the
County's revolving loan program. COIC would collect a fee
consisting of a non-refundable $100 application fee. If the
loan was funded, COIC would collect a loan origination fee of
1.5% of the amount of the loan less the $100 application fee
from the borrower. COIC would also collect direct costs
associated with documentation requirements from the borrower.
COIC would collect a servicing fee each year equal to two
percent of the outstanding loan balance. In addition, while
the fund was subject to HUD/OCD requirements, COIC would be
paid one half of one percent for job creation reporting. The
servicing fee would be taken from the interest due the County
on the loan and would come out of the first payment collected
each year. COIC would collect late penalties on all loan
payments. The penalties would be retained by COIC to cover
the extraordinary costs of servicing these loans.
THROOP: I'll move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
6. ORDER 91-081 WAIVER AND REFUND OF TRANSIENT ROOM TAX PENALTIES
FOR COMFORT INN
Before the Board was signature of Order 91-081 authorizing a
partial waiver and refund of the transient room tax penalties
for the Comfort Inn. The regular penalty for non-payment or
late payment of the transient room tax was 10% after the first
month and an additional 15% if longer than one month. The
Comfort Inn had paid their penalty for late payment. They
requested a waiver of penalties and a refund of all the
penalties already paid. Order 91-081 would reduce the penalty
assessed to the Comfort Inn to $2,363.11 which represented a
ten percent penalty on late transient room tax payments.
SCHLANGEN: I move signature of Order 91-081.
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THROOP: I'll second.
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VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
7. FINDINGS AND DECISION ON PP&L TRANSMISSION LINE APPEAL
Before the Board was signature of the Findings and Decision
prepared by the staff on the PacifiCorp appeal of site plan
application SP-90-135 for a transmission line extending from
a substation located on Rockinghorse Road south of Bend west
along Rockinghorse Road, crossing the Deschutes River and
eventually joining the Midstate Electric Cooperative
transmission line near Century Drive.
THROOP: I'll move adoption of the findings and decision.
SCHLANGEN: Second.
VOTE: THROOP: NO
SCHLANGEN: YES
MAUDLIN: YES
8. WEEKLY WARRANT VOUCHERS
Before the Board were the weekly bills in the amount of
$107,406.06.
THROOP: I'll move subject to review.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
9. MP-90-72 FOR THE BROWNS
Before the Board was signature of MP-90-72 creating two
parcels near Redmond for the Browns.
SCHLANGEN: Move signature.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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10. TP-90-727 ASPEN LAKES REPLAT PHASE I
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Before the Board was signature of TP-90-727 Aspen Lakes Replat
Phase I for KMB Enterprises (42 lots at Highway 126 and Camp
Polk Road.
Commissioner Throop noted that prior to the acknowledgement
of the land use plan, there was a subdivision which was
approved for this area which had about twice as many lots.
This was a replat to lower the density. If it had been a new
application it probably would have met considerably more
rigorous tests.
THROOP: I'll move signature.
SCHLANGEN: I'll second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
11. CITY PLAT CREATING TWO PARCELS NEAR HOSPITAL
Before the Board was signature of a Bend City Plat creating
two parcels on 27th Street for St. Charles Medical Center.
THROOP: Move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
12. APPOINTMENT OF DON GAMBLE TO BEND URBAN AREA PLANNING
COMMISSION
Before the Board was appointment of Don Gamble to the Bend
Urban Area Planning Commission.
THROOP: I'll move the Commissioner Schlangen/Planning
Director Read recommendation of Don Gamble.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Abstain
Chairman Maudlin continued the Commission meeting until 11:08 a.m.
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Chairman Maudlin convened the meeting as the Governing Body of the
Deschutes County Extension and 4-H Service District.
13. PUBLIC HEARING: RESOLUTION 91-050 ADOPTING AND RESOLUTION 91-
051 LEVYING TAXES
Before the Board was a public hearing on Resolution 91-050
adopting the 1991-92 fiscal year budget for the Deschutes
County Extension and 4-H Service District, and Resolution 91-
051 levying ad valorem taxes and making appropriations for the
1991-92 fiscal year.
Chairman Maudlin opened the public hearing. Susan Mayea said
there were no changes from the approved budget. Bruce White
said that when this budget was published, one amount was
incorrect, however the total amount was correct. They checked
with the Department of Revenue and were informed that this
would not be a problem.
Chairman Maudlin closed the public hearing.
MAUDLIN: Asked for adoption of Resolutions 91-050 and 91-051.
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin convened the meeting as the Governing Body of the
Seventh Mountain County Service District.
14. PUBLIC HEARING: RESOLUTION 91-052 ADOPTING AND RESOLUTION
91-053 MAKING APPROPRIATIONS
Before the Board was a public hearing regarding Resolution
91-052 adopting the 1991-92 fiscal year budget for the Seventh
Mountain County Service District, and Resolution 91-053 making
appropriations.
Chairman Maudlin opened the public hearing. There being no
one who wished to testify, the public hearing was closed.
MAUDLIN: I ask for adoption of Resolutions 91-052, 91-053.
SCHLANGEN: So moved.
THROOP: Second the motion.
PAGE 7 MINUTES: 6/19/91
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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Chairman Maudlin convened the meeting as the Governing Body of the
Black Butte Ranch Service District.
15. PUBLIC HEARING: RESOLUTION 91-054 ADOPTING AND RESOLUTION 91-
055 LEVYING TAXES AND MAKING APPROPRIATIONS
Before the Board was a public hearing on Resolution 91-054
adopting the 1991-92 fiscal year budget for the Black Butte
Ranch Service District, and Resolution 91-055 levying ad
valorem taxes and making appropriations for the fiscal year
1991-92.
Chairman Maudlin opened the public hearing. There being no
one who wished to testify, the public hearing was closed.
MAUDLIN: I ask for adoption of Resolutions 91-054 and 91-055.
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin convened the meeting as the Governing Body of the
Deschutes County 9-1-1 County Service District.
16. PUBLIC HEARING: RESOLUTION 91-048 ADOPTING AND RESOLUTION
91-049 LEVYING TAXES AND MAKING APPROPRIATIONS
Before the Board was a public hearing on Resolution 91-048
adopting the 1991-92 fiscal year budget for the Deschutes
County 9-1-1 County Service District, and Resolution 91-049
levying ad valorem taxes and making appropriations.
Chairman Maudlin opened the public hearing. Susan Mayea said
there was a typographical error made on the publication of the
budget which showed one figure on the wrong line. They
contacted the Department of Revenue and were told that as long
as the total levy and the levies by type were in balance, that
there wasn't a problem. She said the figure was on the
correct line on the second page of the publication. Bruce
White said that when he and Helen Rastovich, County Treasurer,
spoke with the Department of Revenue, they confirmed that this
error was "not going to be a problem."
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There being no one else who wished to testify, the public
hearing was closed.
MAUDLIN: I'd ask for adoption of the Resolutions.
THROOP: Move adoption.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin reconvened the meeting of the Deschutes County
Board of Commissioners.
Item #3 DESCHUTES COUNTY BUDGET - continued
Mike Maier went through the budget with the Board explaining
any requested changes that had been made by the Departments.
He said a corrected budget would be prepared for the Board's
adoption at their June 26, 1991, meeting.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
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