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1991-36540-Minutes for Meeting November 27,1991 Recorded 12/5/19910108 0556 91-3540 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS November 27, 1991 Chairman Maudlin called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were Rick Isham, County Counsel; Dale Van Valkenburg, Planner; Oscar Bratton, Assessor; Brad Chalfant, Property Manager; Michael Dugan, District Attorney; Karen Green, Community Development Director; and Bruce White, Assistant Legal Counsel. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of Amendments #5, #6, #7, and #8 of the 1991-93 Mental Health Intergovernmental Agreement; #2, signature of Mental Health Subcontracts for the Teen Parent Program and Special Friends Program; #3, signature of Personnel Policy #9.36, dealing with Workers' Compensation Payments; #4, signature of Development Agreement with Mountain View Mall and K -Mart Corporation for the K -Mart Store Expansion (SP -91-41); #5, signature of Development Agreement with NI-LAH-SHA Village Inc. for a 258 - lot subdivision for manufactured homes and a 98 -space RV park, and an Agreement for Improvements to Negus Road; and #6, approval of expenditure of County funds for costs associated with a County staff member's position as president of the Oregon Planning Directors Association. SCHLANGEN: Move approval of consent agenda items- A�-6c- Ti r c_ THROOP: Second the motion. ���I 0-111 VOTE: THROOP: YES SCHLANGEN: YES :au" MAUDLIN: YES�4 2. STAFFING LEVEL IN DISTRICT ATTORNEY'S OFFICE Commissioner Throop said the District Attorney, the County Administrator and he had a budget meeting recently which gave them the opportunity to discuss the budget and what the Commissioners had in mind for the District Attorney's Office and the other County Departments. He felt it was an extremely good meeting, and he didn't feel there were any differences between the Board and the District Attorney. Commissioner Throop pointed out that the only new position that Deschutes County added for the current fiscal year was a Deputy District Attorney, and that the sole purpose for doing that was to prevent the Deputy District Attorneys from having to take the 10% cut because the Board recognized that they could not PAGE 1 MINUTES: 11-27-91 r L�� Oo- •r 3. 4. 5. 0108 0557 sustain the reduction. He said they were not an "anti -safety Board" which was obvious because of their support for the new jail. When you eliminated all the small counties in Oregon, there were only a couple of counties in Oregon which had a lower ratio than Deschutes County of deputy district attorneys to the population. MP -91-25 FOR FRANK WELLS Before the Board was signature of a minor partition MP -91-25 which would create two 30 -acre farm parcels with 25 acres each of irrigation rights located off Couch Market Road for Frank Wells. SCHLANGEN: Move signature of MP -91-25. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES WEEKLY WARRANT VOUCHERS Before the Board were bills in the amount of $143,024.98. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES STONEBROOK, PHASE I CITY SUBDIVISION PLAT Before the Board was signature of Stonebrook, Phase I City Subdivision Plat off Butler Market Road for PMI Properties. Rick Isham said he wanted to check and make sure that this development was paying for the improvements to Butler Market Road like other developments in the area. MAUDLIN: Let's have a motion for signature on Stonebrook Phase I subject to review by County Counsel. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 2 MINUTES: 11-27-91 6. 7. 8. M 0108 0558 IMPROVEMENT AGREEMENT FOR PROVIDENCE SUBDIVISION Before the Board was signature of an Improvement Agreement for Providence Subdivision. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PLAT FOR JUNIPER CREEK PHASE II Before the Board was signature of City Subdivision Plat for Juniper Creek Phase II off 15th and Reed Market Road for Gary Bell Inc. THROOP: Move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PLAT CREATING PARCEL ON PETTIGROW ROAD Before the Board was signature of a plat to create an additional parcel in the RS zone on Pettigrow Road for the Johnstons. THROOP: Move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES ORDINANCE 91-046 AUTHORIZING QUICK START PROGRAM Before the Board was signature of Ordinance 91-046 which would authorize the "Quick Start" program. Karen Green said County Legal Counsel had advised her that it was appropriate that this program be added to the County Code in the Building Services Chapter to specifically authorize the "quick start" program since it was a variation on the building code and was not presently covered. The "quick start" program would start next Monday and would allow people to commence construction in advance of permit issuance. PAGE 3 MINUTES: 11-27-91 0108 0559 MAUDLIN: I would entertain a motion for first and second reading by title only of Ordinance 91-046. THROOP: So moved. SCHLANGEN: Second. Commissioner Schlangen felt the language "certain construction" on "certain types of dwellings" left a lot of discretion and asked if there was anywhere in the Ordinance where the limits were outlined. Karen Green said it was not outlined in the Ordinance but would be in the Contract and the specific information sheet which would be given to the applicant. Chairman Maudlin said those residents who were served by sewer could start the process early because they didn't have to wait for septic approval. Karen Green said that most single family dwellings served by sewer and with garages could participate in this program. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-046. SCHLANGEN: Move adoption. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. OUT OF STATE TRAVEL REQUEST Before the Board was a request from Susie Penhollow, the County Clerk who was the President of the Association of County Clerks, for approval of out-of-state travel to attend a conference in San Francisco on December 15-17, 1991. The Association would be paying her costs. SCHLANGEN: I'll move approval. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 4 MINUTES: 11-27-91 0108 0560 11. APPOINTMENT TO CLOVERDALE RURAL FIRE PROTECTION DISTRICT BOARD OF DIRECTORS Before the Board was a request Protection District, that the their Board since they did resignations from the Board. from the Cloverdale Rural Fire Board appoint a new member to not have a quorum due to The two existing board members recommended the appointment of Don Johnson as the third member of the board so they would have a quorum. THROOP: I'll move appointment subject to Mr. Johnson being a registered voter in Deschutes County. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. STATUS REPORT ON BANKRUPTCY OF INN OF THE 7TH MOUNTAIN Bruce White said that in conjunction with the unit owners, the County hired an accounting firm to look over the Inn's books for the last year. The County was paying one-third of the cost while the unit owners were paying two-thirds of the cost. This would help determine what was owed to the County by the Inn. He said the Inn had filed some returns the previous day, and he estimated that the total would be greater than $125,000 which he had previously estimated. There was a bankruptcy hearing yesterday, and the County did get an order which required that the Inn segregate their room taxes from the date of the petition and pay it to the County on a weekly basis on Wednesday of every week. This order would only last until December 8, 1991, because there was so much uncertainty regarding how many units were participating. The budget that the Inn presented to the court indicated that they could adequately operate on their day-to-day revenues while making their payments to the unit owners and the County. He said it would be awhile before the County would know what would happen regarding the pre-petition debts. There were currently $325,000 in pre-petition receivables. The banks were secured to about $200,000. 13. RESOURCES FOR SUNRIVER INCORPORATION PETITION Rick Isham said he had contacted Government Finance Associates regarding the preparation of an analysis of the financial feasibility statement and attendance at two public hearings and was quoted a fee of $5,200. He had not authorized them to proceed. He had discussed the issue of assisting the Planning Department regarding the goal analysis of the petition as it would be considered in accordance with statewide land use PAGE 5 MINUTES: 11-27-91 0108 0561 planning goals with Alan Johnson, attorney in Eugene. He felt the costs for both attorneys would be around $15,000. Chairman Maudlin said he wanted an answer to the question of whether they could legally create a shell city without a tax base. He didn't want to spend any money on this incorporation. Commissioner Throop was concerned that if it were left to the incorporation folks to make their case to the County, the County would not have any independent information to refute them unless outside counsel was retained. Commissioner Throop felt there needed to be an independent assessment regarding whether the statute allowed the formation of the shell city without a tax base or an adequate budget to fund city services. Rick Isham said the Board was currently relying on staff for their information. He felt that in terms of the possibility for conflicting evidence, the issue could end up being a battle of the experts. He felt there was a need to have an unbiased expert sift through the conflicting evidence and make recommendations to the Board. The Community Development staff had put together a draft staff report regarding the goal analysis. The purpose of hiring an expert on goal analysis was because he was already familiar with all of the issues, and case law, could advise the Board directly on goal issues which would arise at the hearing, and could provide support for the Board's decision. Commissioner Schlangen asked where the money would come from. Commissioner Throop suggested: (1) from the CDD and legal budgets; (2) contingency; or (3) find some other fund that would have a direct linkage to this decision. Rick Isham pointed out that even if the Board decided not to spend any money for additional legal counsel, they would still have their own staff who would do the best job that they could. So it was up to the Board to determine the level of support and expertise which they desired. The Board decided to discuss this issue further at their meeting on Monday, December 2, 1991. 14. ASSESSOR'S CONCERN REGARDING NEWSPAPER EDITORIAL Oscar Bratton, County Assessor, said he wanted to discuss the editorial in the previous day's Bulletin newspaper. He felt there was a breakdown in communications somewhere. He and his supervisory staff attended the Bill Enyart grievance hearing, and they didn't believe that the result of the hearing was what had been reported in the Bulletin. He requested permission to listen to the tape of the hearing so he could refresh his memory regarding what had been said. PAGE 6 MINUTES: 11-27-91 0108 0562 Rick Isham said the tapes of an Executive Session were sealed pursuant to state statute, and that without doing any research regarding this matter, he would have to deny this request. The Board requested that he investigate further whether Oscar could be allowed to listen to the Executive Session tapes. Rick Isham said the Bulletin editorial was clearly inappropriate for reporting what was said in the Executive Session. Everyone who attended the Executive Session was clearly admonished not to repeat anything which was said in Executive Session. He said the Board of County Commissioners had the right to exclude from further Executive Sessions any person who had violated that trust and may do so in the future. Chairman Maudlin said when he read the editorial, the first thing that came into his mind was that there was information in the editorial which was discussed in Executive Session. He said he opened the Executive Session by announcing that information discussed in this meeting could not be reported. He knew that the Bulletin reporter had not written the editorial, but somehow the information was passed on and printed. He felt the Executive Session had been compromised, and felt the reporter involved should be excluded from further Executive Sessions. Oscar Bratton requested that the Board "set the record straight and respond to the inaccuracies" which were in the editorial. Commissioner Throop suggested that the next Department Head meeting with the Assessor would be a good time to sort through some of the communication and management issues between the Board and the Assessor's Department. 15. PILOT BUTTE MOTEL DEMOLITION UPDATE Brad Chalfant said the asbestos tests which were taken of the demolition debris showed very minimal amounts of asbestos in the structure. They would do further testing and take all precautions which DEQ or OSHA would require. They had asked for bids to clean up the debris which had already been demolished, however these bids were "all over the place" and they decided to re -bid the job. That had been done and the bids should be returned by the end of this day. He was requesting authorization to accept the bids so that work could begin on Monday. The debris pile would have to be treated as if it were entirely contaminated with asbestos. They would have to keep the material wet and load it into dump trucks which were lined with plastic. He said OSHA and DEQ were comfortable with the way the County was proceeding. He said the asbestos was in the walls which wasn't the kind of thing that the County building inspectors would have been able to determine and even a consultant might have missed it. He said PAGE 7 MINUTES: 11-27-91 0108 0563 they took eight samples and only one of them came back positive for asbestos. He requested that the Board authorize legal counsel's office to accept and sign the contract which they expected to be under $10,000. MAUDLIN: I would move approval if it was under $10,000. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS .l Tom,Throop, mmi�sioner Nancy Poi S hlangen, Comm' sinner D ud in, 2i�r�mman� BOCC:alb PAGE 8 MINUTES: 11-27-91