1992-03560-Minutes for Meeting January 15,1992 Recorded 1/27/199292-035GO 0108 1098
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
January 15, 1992
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;
Karen Green, Community Development Director; Tom Blust, County
Engineer; Larry Rice, Public Works Director; and Bruce White,
Assistant County Counsel.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Slope and Construction Easement with Deschutes Development
Company concerning Riverwoods Drive LID; #2, signature of
Declaration of Dedication with The Ridge at Indian Ford
Association; #3, signature of Slope and Construction Easement
with The Ridge at Indian Ford Association; #4, approval of
Amendments #11 and #12 to the 1991-93 Mental Health
Intergovernmental Agreement; #5, signature of Marine Board
Facility Grant Cooperative Agreement concerning development of
boating facilities at Paulina & East Lakes; #6, reappointment
of Theola Freitas to DRRH Special Road District #6 Board of
Directors; and #7, chair signature of liquor license for A &
B Meat Market.
MAUDLIN: Entertain a motion for approval.
r^,
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE :
THROOP : YES ---�
SCHLANGEN: YES
MAUDLIN: YES
2. FIVE YEAR AWARD FOR COMMISSIONER THROOP
Chairman Maudlin gave Commissioner Throop as five-year pin for
his five years of employment with the County.
3. JUVENILE DETENTION FACILITY REMODELING
Before the Board was a request from Brad Mulvihill, Juvenile
Department, to move forward with the Juvenile Detention
Facility Remodeling. The Board was concerned whether it could
be accomplished with the funds which had been designated and
was assured that it could.
SCHLANGEN: I move approval of the Juvenile Detention
Facility remodel.
PAGE 1 MINUTES: 1/15/92 CHED
4.
0108 1099
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
APPOINTMENTS TO THE DESCHUTES COUNTY FARM LANDS ADVISORY
COMMITTEE
Commissioner Schlangen said that following people were being
recommended for the Deschutes County Farm Lands Advisory
Committee: Nancy Pope Schlangen, Chair; Bob Peterson, OSU
Extension Service; Michael Bauer, OSU Extension; Ray Wilson,
Soil Conservation Service; Ron Myrum, SCS; Harald Dilling,
Agricultural Stabilization & Conservation Service; Bob Main,
Watermaster; ron Nelson, Central Oregon Irrigation District;
Barry Slaughter, Arnold Irrigation District; Charlie Brown,
Swalley Irrigation District; Ken Johnson, Deschutes County
Planning Commission; Doug Post, Farmers Home Administration;
Teal Perrington, Bureau of Land Management; Spike Biggins,
Farm Credit Bureau; Steve Payer, Farm Management Consultant;
Marvin Young, Redmond; Richard Patterson, Sisters; Donald
Christ, Tumalo; Jay Moberly, Terrebonne; Wes Cooley, Alfalfa;
Bob Mayfield, Redmond; Tygh Redfield, Sisters; Ted
Fehrenbacher, Terrebonne; Rex Barber, Jr., Lower Bridge; and
Sue Coudare, Tumalo Irrigation District.
Karen Green said that when they met with the Contractor, Jim
Pease from OSU, he suggested that a technical advisory
committee be formed made up of local community people who were
involved in some aspect of commercial agriculture. He
suggested the kind of backgrounds people should have which
would be helpful to him, his graduate students and the County
staff. So the list being presented to the Board was a list of
people who met the criteria Mr. Pease set forth. He
specifically asked for people from the Assessor's office, OSU
Extension, Soil Conservation Service, ASCS, Watermaster, and
irrigation districts. He suggested that someone be asked from
the BLM since there was so much range land in the County, and
someone invoivea in the xinancial aspects
agriculture, i.e. farm credit and FHA. So th
on the list were a result of the requests whict
for technical assistance. The farmer compon(
was based upon recommendations which were x
number of sources: i.e. Bob Greenstreet from
Office; Wayne Schull, OSU Extension; Marvin Yc
spoke to people on the list from the farming
would also suggest names. She said there wa;
from the farming component who was not recommei
two people based upon their current and past
in commercial agriculture. Mr. Pease also
committee membership be limited to 20 because
PAGE 2 MINUTES: 1/15/92
oz commercial
agency people
Mr. Pease made
int of the list
aceived from a
the Assessor's
ung; and as she
:ommunity, they
no one listed
.ded by at least
Earm experience
asked that the
a good working
0108 1100
group would be 12-15. The two OSU extension people and the
Soil Conservation people wouldn't necessarily both be coming
to all the meetings. She was reluctant to take anyone off
this list of 25 people since they all had the potential to
contribute considerably to the process.
THROOP: I'll move approval of the 25 appointments.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
5. ACCOUNTS PAYABLE VOUCHERS
Before the Board were Accounts Payable Vouchers in the amount
of $101,908.75.
SCHLANGEN: Move approval upon review.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
6. TAX OVERPAYMENT REFUNDS
Before the Board was approval of tax overpayments in the
amount of $43,153.86.
SCHLANGEN: Move approval.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
7. RIVER RIDGE ONE STAGE C CONDOMINIUM PLAT
Before the Board was signature of a Bend Condominium Plat for
River Ridge One Condos, Stage C at Mt. Bachelor Village.
THROOP: I'll move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 3 MINUTES: 1/15/92
0108 1101
8. APPOINTMENTS TO BOARD OF EQUALIZATION
Before the Board was consideration of appointment of Donald
Yeager, Board appointment; Vic Schroeder, budget committee
appointment; Robert Michael, budget committee appointment;
Thomas Harris, Board appointment; and John Goodwin, budget
committee appointment, to the Board of Equalization; and
Robert Fischer, Ted Schassberger and Dennis Kerr as
alternates. Commissioner Schlangen said two three-member
Boards were needed because of the number of appeals which had
been submitted this year. She would be chairing one Board and
Vic Schroeder would be chairing the second board.
THROOP: I'll approve the appointment of Thomas Harris and
approve the other appointments.
SCHLANGEN: I second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
9. HEALTHYSTART PRENATAL PARTNERSHIP CONTRACT
Before the Board was signature of the HealthyStart Prenatal
Partnership. The Oregon Community Children and Youth Services
Commission had awarded Deschutes County and the County awarded
a subgrant to Prenatal Partnership Clinic, HealthyStart, to
provide prenatal care to pregnant women who count not obtain
care through the private sector.
THROOP: I'll move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
10. ORDER 92-006 TRANSFERRING CASH
Before the Board was signature of Order 92-006 transferring
cash in the aggregate amount of $463,681 within various funds
of the Deschutes County Budget.
SCHLANGEN: Move signature of Order 92-006.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 4 MINUTES: 1/15/92
0108 1102
11. RESOLUTION 92-002 MAKING APPROPRIATIONS
Before the Board was signature of Resolution 92-002
transferring appropriations in the amount of $68,700 within
various funds of the Deschutes County Budget.
THROOP: Move signature of the Resolution.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
12. MCARDLE ROAD SPECIAL ROAD DISTRICT BOARD
Before the Board was appointment of Joseph Ortiz to the
McArdle Road Special Road District Board of Directors.
THROOP: I'll move the appointment.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
13. VOTING EQUIPMENT
Before the Board was signature of AIS voting equipment
purchase agreement for the Clerk's Office. Chairman Maudlin
said the cost of the machine was $54,569, however Susie
Penhollow, County Clerk, was able to negotiate a trade-in of
the old equipment for $38,985 for a net cost of $15,584. The
County had budgeted in excess of $35,000.
THROOP: I'll move chair signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
14. MP -91-22 FOR PURCELL
Before the Board was signature of MP -91-22 for Clyde Purcell.
It would divide a 160 -acre parcel into two 20 -acre parcels and
one 120 -acre parcel.
THROOP: I'll move the signature.
PAGE 5 MINUTES: 1/15/92
0108 1103
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
15. SQUAW CREEK CANYON LID
Tom Blust, County Engineer, said the County received petitions
from property owners in Squaw Creek Canyon Recreational
Estates to improve their roads through the LID process.
There were a total of 188 lots in the development and 123
petitions had been received for a showing of 65%. The
developer owned approximately 91 of these lots. He made a
recommendation that the Board not proceed with the LID since
a large percentage of the petitions received were from the
developer. There had been problems with payment in this
situation in the past. He had suggested that a meeting be
held with the property owners so they would know what was
happening and could voice their opinions.
Commissioner Schlangen asked if the County had ever formed an
LID where the developer had been required to make some kind of
guarantee that the money would be repaid, i.e. a bond. Tom
Blust said he was not aware of any. Bruce White said that if
the developer did not pay his assessments, the County would
get a lien on the land. There was an LID that the developer
was unable to pay in Lower Bridge Estates, and the County was
foreclosing on the property. He said it was a very time
consuming and tedious process to get the County's money back.
Because of this kind of problem, the County was reluctant to
go forward with an LID when the developer owned a major
portion of the property. He suggested that if the developer
had the money to get a bond, he would have had the money to do
the improvements.
Larry Rice said when he worked for Washington County, their
Counsel negotiated the use of a bond in a $1.6 million road
improvement project when there were only two or three major
owners, one of which was Standard Insurance Company. This
gave the County Commission the security they needed to go
forward with the process.
Commissioner Schlangen suggested limiting the percentage of
properties which could be owned by one individual or company
before entering into an LID.
Tom Blust said they had only done a "ball park" figure on the
costs of this project since they had recommended against going
forward with it. He estimated that the project would cost
$715,000 with a per lot cost of $3,800.
PAGE 6 MINUTES: 1/15/92
0108 1104
Chairman Maudlin said if there were 106 lots and the County
only received petitions from 32 people, there were a number of
people who didn't respond.
Commissioner Throop said the County had been very supporting
of local improvements district, but the County needed to make
sure that the project had sufficient support so the County
would not end up having to get a lien against the property to
pay back the costs of improving the road. During the last
serious recessing, the County had several LID projects which
the property owners could not pay for.
Glen Nickell said he owned property on Mountain View Drive and
Squaw Creek ( lot 24 ) but did not live at the site. He was
opposed to the complete black topping of all the roads
proposed. With only 23 homes out of the 188 lots, he didn't
feel black topping all of the roads was necessary. He
recommended paving Buffalo only since most of the homes would
be within one block of the paved road. He expressed concern
about improving the road from the end of the pavement on Wilts
Road to where Squaw Creek started which was 2,800 feet and
would benefit property owners outside of Squaw Creek. He felt
those property owners should be contacted to see if they
wanted to participate in the LID. He suggested that only
Buffalo be improved, but that all of the property owners pay
a pro rata share with the understanding that Buffalo - was
actually a thoroughfare. The kids going to school could walk
to Buffalo to catch the bus and maybe they could get the mail
delivered to boxes on Buffalo. He recommended that Buffalo
should only be improved until it met with Mountain Home, but
he would be willing to consider extending it further. He felt
it was important that the project move forward in some form as
soon as possible.
Chairman Maudlin said it might be difficult to pave only
Buffalo because the assessments were normally placed only on
those properties which abutted the road being improved.
Glen Nickell said he understood there was an LID in Deschutes
Recreational Homesites where everyone paid a share of the
improvement on the main road.
Tom Blust said there was a special road district.that formed
an LID in the Deschutes Recreation Homesites area where the
people fronting on the road paid a larger percentage of the
improvement costs than those who did not, but that everybody
paid.
Commissioner Throop said another advantage to forming an
LID was that as soon as the road was improved to the
County standard, the County would take over the
maintenance of the road.
PAGE 7 MINUTES: 1/15/92
0108 11.05
Ron Reeman, the developer, said he felt he could work out a
payment process with the County where he would pay his share
of the costs in four equal payments. If only Buffalo were
improved, he estimated it would cost $200,000+. He could make
one or two of his payments before the County started paving.
He couldn't guarantee that he wouldn't go broke, however he
had no mortgages on his approximately 1,700 acres. He was in
favor of paving the entire project or just a portion of it,
whatever the majority of the people in the development wanted.
He would agree to immediately pay off the LIDs on those lots
or homes as he sold them.
Commissioner Schlangen asked if another notice process would
be required if the roads being improved were changed. Larry
Rice suggested that the interested parties hold a meeting and
discuss all of the possibilities, and then get back to the
County with their decision. He said his staff would attend
the neighborhood meetings to offer technical support on the
process. He had participated in LIDs that were area
assessments not front footage assessments, however it had to
be proven that there was a value to the assessed people.
Dick Reinertson, from Crooked Horseshoe in Sisters, said he
was honored to be the realtor representing Ron Reeman and some
of the other property owners. He said he had never met a more
honest person than Ron Reeman, who always kept his word. If
it were possible to have all of the proposed roads paved, he
felt it would be a benefit to all of the homeowners.
Alice Blake, 17475 Mountain View Road, said she understood
there were 188 lots in the development, however when she got
a listing of the lots and owners in the development, it showed
250 lots in the development. She asked if the proposed LID
would take in all of the lots in Squaw Creek Canyon Estates or
only part of them.
Commissioner Throop said there was a portion of the
development to the north which had not been included in the
LID. Ron Reeman said the development had two phases of the
development: Squaw Creek Canyon Recreational Estates and the
other was first addition of 2-1/2 acre parcels. The other
side of Buffalo had not been opened up for sale to the public
yet and had no utilities. When this area was opened, he would
probably pave the roads himself and turn them over the County.
Commissioner Throop asked Alice Blake what she felt the
community was interested in doing. She felt the large
majority of individual owners would be in favor of the LID.
Commissioner Throop asked her if the approximate $3,800 price
per lot was reasonable for what was being proposed. Ms. Blake
said yes, she felt that was appropriate as did other people in
the area who she had spoken with.
PAGE 8 MINUTES: 1/15/92
0108 1106
Ren Enock, 17320 Mountain View Drive, said they had a meeting
last summer and most of the homeowners who lived in the area
attended. All but two were in favor of having the roads
paved. They had approximated the costs of $3,000-$4,000 per
lot for the improvements and everyone felt that was
reasonable. He was surprised when he received a letter from
the County indicating there weren't very may property owners
who had signed the petition in favor of the LID.
Commissioner Schlangen asked approximately how many people had
attended the meeting. Mr. Enock said there were approximately
30 adults at the meeting.
Douglas White, 60889 Parrell Road, said his son, John Ray,
owned a lot in the LID area. His son lived in Beaverton and
was unable to attend the meeting and asked that his father to
attend on his behalf. His son's lot had not been improved,
however he was very strongly in favor of the road
improvements. He felt he would also be in favor of the
Buffalo paving as well. He was planning to start building
within a year or so.
Mr. Reeman said a number of the lot owners had contacted him,
and said they had never received the information on this LID.
Cliff Boersma, 15853 Cayuse Drive, said he attended the LID
meeting when they were in the process of purchasing a lot.
One of the reasons they purchased a lot in the area was
because they assumed the roads were eventually going to be
paved. He said the people at the meeting were in favor of the
project. When friends visited the area, the said they would
like to purchase in the area but wouldn't until the roads were
improved, especially the entrance road. He was in favor of
whatever LID could be worked out.
Barry Enock, 17384 Mountain View, said he purchased his
property 3-4 years ago and built a home last year. He was
concerned about the damage the roads caused to their vehicles
and felt it would be much nicer for his grandchildren and the
other children to be able to catch the school bus in the area.
He was in favor of doing all of the roads at once, but would
not be opposed to paving only Buffalo. He requested that the
Board go forward with the LID request as soon as possible.
Commissioner Throop asked him how he felt about the $3,800
price for the improvement. Mr. Enock said it seemed
reasonable.
Chairman Maudlin asked if the school bus came into their area.
Mr. Enock said no, they had to drive the children 1-1/2 miles
to the bus stop.
PAGE 9 MINUTES: 1/15/92
Brian Saltzer said he had property on Mountain View Drive but
did not reside there. He spearheaded the petition drive and
mailed out the letters for the original meeting in Sisters,
and sent out the petitions. One reason why a number of people
who were in favor of the LID did not send in petitions was
that he had told them that the number of petitions the County
had already received was sufficient. During the process, he
was in contact in the Public Works Department and was
consistently told that everything was favorable. They were
very surprised to receive a letter indicated that the Public
Works Department was not recommending the LID. He said there
had been a lot of development in the area recently. He was in
favor of forming the LID.
Chairman Maudlin said he felt the formation of the LID should
proceed, however he felt the County needed to get more
signatures from individual owners before proceeding (maybe
40%).
Brian Saltzer said it was difficult to locate many of the
property owners.
Ron Reeman said he would also like to have at least 40% of the
individuals property owners indicate that they wanted the LID.
He felt they could hold another meeting, send out more
petitions, and try to contact most of the property owners.
Chairman Maudlin felt they would need to get 53 or 54
signatures from individual property owners to show adequate
interest. He said the area owners should also reconsider the
issue of which roads they wanted to improve. He suggested
that the area owners meet and get back to the Board when they
had reached a consensus.
Commissioner Throop said that if the Board were going to move
forward with the LID, they would also need to make certain
that it was a responsible financial deal. Chairman Maudlin
said that if more of the individual property owners were in
favor of the LID, and the roads were improved, the properties
would have more value and the owners wouldn't give up their
lots. He suggested that Mr. Reeman work with the Public Works
Department to come up with a payment plan that would give the
County more security. Mr. Reeman said he would work something
out with the Public Works Department.
Chairman Maudlin asked that they report back to the Board in
approximately 90 days. Larry Rice said that the process of
selling bonds would take about five or six months, so the work
on the LID, if approved, would not be started until 1993.
Bruce White pointed out that if the LID boundary changed or
the described improvements changed, they would have to
circulated another petition.
PAGE 10 MINUTES: 1/15/92
DATED this o?/- day of
Commissioners of Deschutes (
7t�z
ST:
Recording Secretary
PAGE 11 MINUTES: 1/15/92
0108 1.08
1992, by the Board of
., may.... .
FI Commiss
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Nancy Pope Schlangen, Commissioner
Ma d in, Cha rman