1991-20245-Minutes for Meeting June 26,1991 Recorded 7/11/1991O�d� 004
t/,iCnOFILMED
91-20245
J01 i 199i
MINUTES [':5
DESCHUTES COUNTY BOARD OF COMMISSIONER s' s, `_' '
June 26, 1991 r;==
Chairman Maudlin called the meeting to order at 10 a.m. Board
members in attendance were Dick Maudlin and Nancy Pope Schlangen.
Also present were Rick Isham, County Counsel; Karen Green,
Community Development Director; Larry Rice, Public Works Director;
Dave Hoerning, County Engineer; Mike Maier, County Administrator;
and George Read, Planning Director.
1. CONSENT AGENDA
Consent agenda items before the Board were #1, signature of
Warranty Deed for additional right of way needed for the slope
on Ward Road reconstruction; #2, approval of 1991-93 Mental
Health Intergovernmental Agreement; #3, approval of Plan
Amendments to the Juvenile Service Plan and Great Start Plan;
#4, signature of Resolution 91-060 Approving Special
Transportation Grant Capital Assistance Agreement with the
Public Transit Division and Signature of Grant Agreement; #5,
signature of Indemnity Agreement with LaPine Chamber of
Commerce for the Last Frontier Day's Parade; #6, Chair
signature of Contract Amendment between Gates McDonald and
Deschutes County setting annual claims administration fees;
#7, signature of Development Agreement for SP -91-77 for Becker
and Willes Partnership for the LaPine Post Office on
Huntington Road; #8, reappointment of Becky Halstead to Solid
Waste Advisory Committee; #9, reappointment of Ted
Schassberger to Deschutes County Planning Commission; #10,
appointment of Trustees to Four Rivers Vector Control
District; #11, signature of River Ridge II Stage B Condominium
Plat for Mt. Bachelor Village; #12, signature of Tax Refund
Order 91-083; #13, signature of Order 91-085 cancelling
uncollectible personal property taxes; #14, chair signature
of Amendment to the 1987-89 Grant Award Contract with OEDD
transferring Regional Strategies funds; and #15, signature of
Department of Corrections Agreement to provide correctional
services as an Option I County.
SCHLANGEN: I move approval of the consent agenda.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused n
SCHLANGEN: YES` }
MAUDLIN: YES�'`�'
PAGE 1 MINUTES: 6/26/91
2.
3.
010'7 0025
REQUEST OF FEE WAIVER FOR CENTRAL OREGON HOUSING AUTHORITY
Before the Board was a request from the Central Oregon Housing
Authority to waive Community Development fees for their low
income housing project.
John Hossick, City of Bend Planning Director, said that the
City of Bend did not waive fees for the School Districts,
however, they had waived fees for the Housing Authority. The
property the Housing Authority was building on was City
property which was being leased to them for $1 a month for 40
years. He thought Central Oregon Housing Concerns, a
nonprofit organization, would be the entity applying for the
permits to build their project. The City was the applicant
for the Federal Housing Authority money to build the sewer and
water system.
Rick Isham said a housing authority and urban renewal agency
could only be created by either the City or the County, and
if the City or County wanted to, they could become the
governing body for that agency.
The Board decided to postpone this item for discussion at the
July 1, 1991, work session.
PUBLIC HEARING: ORDER 91-066 VACATING PORTION OF PARRELL ROAD
Before the Board was a public hearing on Order 91-066 vacating
a parcel of land in Tract 18 Reed Highway Acreage, Section 2
(portion of Parrell Road) located in the Northeast 1/4 of
Section 8, Township 18 South, Range 12 East W.M.
Dave Hoerning gave the staff report. He said this property
was being abandoned by the County after rebuilding Parrell
Road and a portion of Brosterhous Road. No letters were
received in opposition to this vacation. The vacation
affected only one piece of property and would be landscaped
by the recipient of the vacated property. A utility easement
was retained by the County. He recommended approval of the
vacation.
Chairman Maudlin opened the public hearing. There being no
one who wished to testify, the public hearing was closed.
SCHLANGEN: I move signature of Order 91-066 vacating a
portion of it.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
PAGE 2 MINUTES: 6/26/91
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0107 0026
PUBLIC HEARING: ORDER 91-064 VACATING PORTION OF SIXTY FOOT
RIGHT OF WAY
Before the Board was a public hearing on Order 91-064 vacating
a portion of a sixty foot right of way dedicated as Parcel #3
recorded in Volume 310 Page 952 and located in the North half
of Section 2, Township 15 South, Range 12 East W.M.
Dave Hoerning said they received a petition to vacated
Parcel 3 of some road which was dedicated off of 91st Street
and Deschutes River and north of Highway 126. He received a
letter from an attorney representing one of the property
owners, Gary Rossi, asking that a different strip (Spruce
Avenue) be vacated instead.
Gary Rossi said the owners of the property had taken care of
the problem, and they no longer had an objection to the
vacation.
Dave Hoerning recommended the Board approve the vacation.
Chairman Maudlin opened the public hearing. There being no
one who wished to testify, the public hearing was closed.
MAUDLIN: I request a motion for signature of Order 91-064.
SCHLANGEN: So moved.
MAUDLIN: Second.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
PUBLIC HEARING: ORDINANCE 91-024 AMENDING TITLE 18 TO
ELIMINATE LIVESTOCK FEEDLOTS
Before the Board was a public hearing on Ordinance 91-024
amending Title 18, the Deschutes County Zoning Code, to amend
the text to delete feedlots as a permitted use in Exclusive
Farm Use (EFU) Zones.
George Read said it came to the attention of the Planning
Division that a livestock feed lot and sales yard was an
outright permitted use in EFU zones. The issue went to the
Planning Commission who recommended that livestock feed lots
or sales yards be eliminated as a permitted use in EFU zones.
This did not necessarily prohibit that type of use, and there
were two ways that type of use could be approved: (1) a
conditional use application for a commercial activity in
conjunction with a farm use, or (2) the statute establishes
PAGE 3 MINUTES: 6/26/91
6.
0107 0027
a farm use and what farm uses are, and they list livestock as
a farm use. This would bring the County's ordinance in
conformance with the state statute. The state statute did not
include livestock feed lots or sales yard language. Feed lots
and sales yards were a conditional use in the rural industrial
zone.
Chairman Maudlin opened the public hearing for testimony.
Pauline Lang, was a homeowner who lived near where the stock
yard sign was posted (off of Canby). The area property owners
were concerned about a stock yard going into their
neighborhood. Chairman Maudlin said that the property owner
would have to make an application to the County, before they
would put in a feed lot.
Frank McKitrick testified against placing a stock yard by
Buckingham School. He had understood that the property owners
had requested zoning the property for multiple housing, but
because the request was not approved, they decided to put in
the feed lot. George Read said the property owners had never
submitted a zone change request for multiple family or
residential on this property.
Chairman Maudlin closed the public hearing.
SCHLANGEN: I move first and second reading of Ordinance
91-024 by title only.
MAUDLIN: Second.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 91-024 by title only.
SCHLANGEN: Motion for signature of Ordinance 91-024.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
AWARD OF CONTRACT FOR EMULSIFIED ASPHALT CHIP SEAL
Before the Board was a Public Works Department recommendation
that the Board award the contract for the construction of
approximately 36 miles of emulsified asphalt chip sealing on
County roads to the low bidder, Central Oregon Pavers, for
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0167 0028
$177,583.00. Larry Rice said that the contract would be
executed in the next fiscal year.
SCHLANGEN: Move awarding of bid to Central Oregon Pavers
for $177,583.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
ORDER 91-082 REOPENING ANTLER LANE LID PUBLIC HEARING
Before the Board was signature of Order 91-082 reopening the
hearing on the proposed Antler Lane Local Improvement District
for July 3, 1991, at 10 a.m.
MAUDLIN: I would request signature of Order 91-082.
SCHLANGEN: So moved.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
ORDINANCE 91-004 AMENDING GENERAL PROVISIONS AND RECYCLING
CHAPTERS OF THE DESCHUTES COUNTY CODE
Before the Board was signature of Ordinance 91-004 amending
Chapter 13.12, General Provisions, and Chapter 13.20,
Recycling, of the Deschutes County Code to add new provisions.
Larry Rice said all of the franchise haulers, Bend Recycling
Team, and County staff had met to review this Ordinance and
were in agreement with the current language. Tin and plastic
milk jugs were made mandatory pick ups in addition to those
items on the state list. The ordinance did not require any
of the franchisees to collect recyclables anyplace except the
Bend and Redmond urban areas.
SCHLANGEN: Move first and second reading of Ordinance 91-
004 by title only.
MAUDLIN: Second.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 91-004.
PAGE 5 MINUTES: 6/26/91
010"7 0029
SCHLANGEN: I move signature of Ordinance 91-004.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
9. RESOLUTION 91-067 APPOINTING COUNTY ADMINISTRATOR AND COUNTY
TREASURER TO ACT ON COUNTY FISCAL MATTERS
Before the Board was signature of Resolution 91-067 appointing
County Treasurer Helen Rastovich and County Administrator
Michael Maier to a committee to act on County fiscal matters,
including authority to transfer appropriations within the
County Budget and/or within service districts for June 27 and
28, 1991; and referring all fiscal matters attended to by said
committee to the Board of County Commissioners to be approved
and signed nunc pro tunc.
SCHLANGEN: Move signature of Resolution 91-067.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
10. ORDER 91-084 CASH TRANSFER
Before the Board was signature of Order 91-84 transferring
cash ($409,080) within various funds of the Deschutes County
Budget.
SCHLANGEN: Signature of Order 91-084 transferring cash
within various funds.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
11. RESOLUTION 91-065 TRANSFERRING APPROPRIATIONS
Before the Board was signature of Resolution 91-065
transferring appropriations ($308,917) within the Deschutes
County budget.
SCHLANGEN: I move signature of Resolution 91-065
transferring appropriations with the Deschutes
County budget.
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0107 0030
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
12. RESOLUTION 91-056 ADOPTING DESCHUTES COUNTY BUDGET AND
RESOLUTION 91-057 LEVYING TAXES AND MAKING APPROPRIATIONS
Before the Board was signature of Resolution 91-056 adopting
the Deschutes County Budget for FY 91-92 in the total sum of
$52,516,622, and Resolution 91-057 levying ad valorem taxes
in the amount of $6,637,204 and making appropriations.
Mike Maier said there were no changes made in the budget since
the public hearing last week.
SCHLANGEN: Move signature of Resolution 91-056 adopting
the Deschutes County Budget and Resolution 91-
057 levying taxes and making appropriations.
MAUDLIN: I'll second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
13. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$433,501.76.
SCHLANGEN: Move approval upon review.
MAUDLIN: Second.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
14. LIQUOR LICENSE FOR CANYON CLUB RESTAURANT
Before the Board was Chair signature of a Liquor License
Application for Canyon Club Restaurant.
SCHLANGEN: Move chair signature.
MAUDLIN: Second the motion.
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15.
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VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
ORDINANCE 91-025 REPEALING SECTION 15.04.055 CONCERNING SOLID
FUEL HEATING DEVICES
Before the Board was signature of Ordinance 91-025 repealing
Section 15.04.055 of the Deschutes County Code, relating to
solid fuel heating devices. The Board found that this new
section was unduly restrictive, and that additional study was
necessary in order to develop appropriate regulations.
SCHLANGEN: I move first and second reading by title only
of Ordinance 91-025.
MAUDLIN: Second.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 91-025.
SCHLANGEN: Move signature of Ordinance 91-025 repealing
Section 15.04.055.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
16. RESOLUTION 91-069 AMENDING RESOLUTION 91-012 COUNTY FEES
Before the Board was signature of Resolution 91-069 amending
Resolution 91-012, adopting the 1991 fee schedule for County
services. Fees in the Environmental Health Section of the
Community Development Department were amended.
MAUDLIN: I would request a motion for signature of Resolution
91-069.
SCHLANGEN: So moved.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
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17. CORRECTION FINANCIAL SEGREGATION AGREEMENT
Before the Board was signature of a Correction Financial
Segregation Agreement for Bill and Panayota Reramidis. The
original had been signed by the Board in May, however the
parties had provided an incorrect legal description which was
discovered by the title company.
SCHLANGEN: I move signature.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
18. MP -90-75 FOR WAYNE BROWNING
Before the Board was signature of MP -90-76 creating three lots
off Highway 20 for Wayne Browning.
SCHLANGEN: I move signature of MP -90-76.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
20. RESOLUTION 91-070 AMENDING RESOLUTION 91-046
Before the Board was signature of Resolution 91-070 amending
Section 1 of Resolution 91-046 which transferred
appropriations within various funds of the Deschutes County
Budget. Rick Isham said there were a couple of typographical
errors in the account numbers that needed to be corrected.
SCHLANGEN: I move signature of Resolution 91-070.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman maudlin recessed the meeting of the Deschutes County Board
of Commissioners until 11:00 a.m.
Chairman Maudlin convened the meeting as the Governing Body for the
Black Butte Ranch Service District.
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21. RESOLUTION 91-066 TRANSFERRING APPROPRIATIONS
Before the Board was signature of Resolution 91-066,
transferring appropriations within the Black Butte Ranch
Service District budget.
SCHLANGEN: I move signature of Resolution 91-066.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin convened the meeting as the Governing Body of the
7th Mountain County Service District.
22. RESOLUTION 91-064 TRANSFERRING APPROPRIATIONS
Before the Board was signature of Resolution 91-064
transferring appropriations within the 7th Mountain County
Service District Budget.
SCHLANGEN: I move signature of Resolution 91-064.
MAUDLIN: I second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin convened the meeting as the Governing Body for the
4-H/Extension Service District.
23. RESOLUTION 91-063 TRANSFERRING APPROPRIATIONS
Before the Board was signature of Resolution 91-063
transferring appropriations within the 4-H/Extension Service
District Budget.
SCHLANGEN: I move signature of Resolution 91-063.
MAUDLIN: Second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin reconvened the meeting of the Deschutes County
Board of Commissioners.
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o107 00064
24. PUBLIC HEARING: RESOLUTION 91-062 SETTING COLLECTION Service
RATES FOR SOLID WASTE FRANCHISEES
Before the Board was a public hearing on Resolution 91-062
setting collection service rates for solid waste franchisees
operating within unincorporated Deschutes County.
Larry Rice gave the Board a revised schedule which increased
the fee for Deschutes County Residential can service in the
rural area. The Board had adopted an ordinance allowing the
Board to establish rates on their own initiative which was
being done with this resolution. The proposed rates included
at 15% service fee increase to the franchise collectors.
These fees had not been increased since 1984. The increase
of 75% in disposal fees reflected the new rates the County had
adopted and would be in effect July 1, 1991, at all of the
disposal sites. The recycling fee increase was an attempt to
reduce the amount paid people who self -haul for the cost of
recycling and present more of the true cost for the people who
recycle on route. He didn't think that would be enough to
offset the total cost to franchise collectors out of the
recycling services since the volume had grown so much, but it
was a step the that direction. There was a target of July
1994, for folding all the costs into the rates. He said
Deschutes County still had one of the lowest service
collection rates and tipping fee rates in the state. This
rate increase included the assumption that the haulers would
not need to apply for an additional service rate increase
until January of 1994. He had requested that the City of Bend
and the City of Redmond pick up the recycling fee cost in
their proposed rate increases. If they didn't, the County
would have to pay for the recycling losses out of the gate
fees. He said that Commissioner Throop had talked with the
City of Bend, and they indicated that they would target the
rate change to be effective August 1, 1991. He said he would
be making a request to the Board to suspend the rates in the
Bend and Redmond urban area for collection fee increases until
the Cities take action.
Chairman Maudlin opened the public hearing.
Larry Rice mentioned that some members of the Solid Waste
Advisory Committee had requested that there be a level can
service rate for a single can and a second can which was not
reflected in these new rates. The proposed rates reflected
a rate structure based upon costs as opposed to policies. He
said it might be the policy to penalize someone on the route
for more garbage by increasing their rate, but that was not
the recommendation at this time.
Scott Becker, 64 NW Portland, Bend, testified that he was a
recycling advocate and felt that policies regarding rates
PAGE 11 MINUTES: 6/26/91
010'7 0055
should encourage conservation and recycling i.e. the less
garbage generated, the less they would pay.
Chairman Maudlin closed the public hearing.
MAUDLIN: The motion will be for signature of Resolution 91-
062 including the rate change page that was
provided.
SCHLANGEN: So moved.
MAUDLIN: I second the motion.
VOTE: THROOP: Excused
SCHLANGEN: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
To Throop, mmissi ner
Nancy Po Sc an 'en, COMM1S8 ner
Maudlin, hairman
BOCC:alb
PAGE 12 MINUTES: 6/26/91