1992-06814-Minutes for Meeting February 26,1992 Recorded 3/9/199292-06814
MINUTES
01.09 0002
DESCHUTES COUNTY BOARD OF COMMISSIONERS 92". - P, 10: 29
February 26, 1992
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Acting Chair Throop called the meeting to order at 10 a.m. Board
members in attendance were Tom Throop and Nancy Pope Schlangen.
Also present were: Rick Isham, County Counsel; Frank Moore, Mental
Health Director; Susan Mayea, Board's Office Manager; Brad
Chalfant, Property Manager; and Karen Green, Community Development
Director.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, chair
signature of Liquor License Application for Village Bar &
Grill in Sunriver Village Mall; #2, Chair signature of Liquor
License Application for Vic's Tavern in LaPine; #3, signature
of Resolution 92-012 allowing County Library to sell a
reader/printer as surplus equipment; #4, signature of tax
refund Order 92-018; #5, reappointment of George Williams to
Newberry Estates Special Road District Board of Directors; and
#6 signature of support letter for the proposed La Pine
Community Campus.
SCHLANGEN: I move approval of consent agenda items 1
through 6.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
2. PUBLIC HEARING: SPECIAL TRANSPORTATION GRANT REOUESTS
Before the Board was a public hearing on all Special
Transportation Grant requests for submission to the State
Public Transit Division.
Susan Mayea said there were three applications being
recommended by the Special Transportation Fund Committee. In
priority order they were: #1, $59,615 --the Deschutes County
Mental Health proposal for a scheduled route transportation
service to handle routine, daily, and ongoing transportation
needs for the elderly and disabled. This program would be
contracted through the City of Bend Dial -a -ride program. #2,
$126,000 ---the Central Oregon Council on Aging request for
three vehicle replacements to operate the Dial -a -ride program.
#3, $29,400 --the Opportunity Foundation of Central Oregon
request for funds to replace one vehicle. The total request
PAGE 1 MINUTES: 2-26-92 ���
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t
0109 0003
was for approximately $215,000. She said these proposals
would have to compete with proposals from all over the state
for the $2 million available for this program. Last year,
Deschutes County received funding for their #1 and #3 priority
requests for $168,000 total.
Acting Chair Throop opened the public hearing.
Bob Slawson, Chair of the Special Transportation Fund
Committee, said the committee worked hard to prioritize the
proposals which were submitted. He felt all of the providers
were doing a good job. The new Americans with Disabilities
Act, which recently went into effect, made it even more
important for the providers to coordinate their services and
share resources as much as possible, and this was taken into
consideration in the prioritization of requests. He commended
the committee and Susan Mayea for their hard work on this
committee.
There being no one else who wished to testify, Acting Chair
Throop closed the public hearing.
THROOP: A motion would be in order to approve the submittal
of these three grant proposals.
SCHLANGEN: I so move.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
PUBLIC HEARING: APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS
Before the Board was a public hearing to review an application
for the Oregon Community Development Block Grant Program
handled through the Oregon Economic Development Department.
Mike Burton from COIC, who was staffing this project, gave a
report indicating that the LaPine Community Campus project
committee would like the Board to consider their application
for submission for OCDBG funds. The LaPine area had
insufficient space for child development activities. They had
no dedicated day care space and limited space to house other
infant/child/parent health care and educational programs. The
early intervention program was currently operating in a High
School class room, and the County Health and Mental Health
programs were using the Sheriff's Substation. These
facilities were inappropriate for these kinds of uses. This
application would ask for $498,791 which would be matched by
a contribution of land worth $108,763 from the Bend-LaPine
PAGE 2 MINUTES: 2-26-92
School District, and $25,000 worth of volunteer labor from the
LaPine Community for a total cost of $632,554.
There were a couple of issues which had been raised regarding
the project. After speaking with the Planning Department, it
was determined that a conditional use permit would be required
for this project. He recommended that the proponents of
project start the conditional use process as quickly as
possible so that by the time the state reached a decision, the
conditional use permit process would be completed.
Another issue had been raised by the State. They were
concerned about the volunteer labor based on problems they had
had in the past with volunteers. Their first concern was who
would ultimately be liable should a volunteer be injured
during construction. Rick Isham, County Legal Counsel, said
that since the County was just serving as a pass through
vehicle for the funding without any active participation in
the project, and since the construction work would take place
on the Bend-LaPine School District property and would benefit
the School District in terms of physical improvements, he felt
the School District would probably be responsible. Mr. Isham
said he would prepare a letter for the Board's signature which
would raise that issue with the School District. Commissioner
Throop agreed that the County would manage the grant
application, administration and closure, but would not be
involved in the management of the project. Their second and
third concerns were: Who was responsible for completion of
work if the volunteers walked off the job, and who was
responsible for the quality of the work? He said these issues
needed to be resolved by the project proponents.
Acting Chair Throop pointed out there was no guarantee that a
conditional use permit would be granted for this project,
however it was a fairly routine application which the
Community Development Department dealt with on a daily basis
and would be handled in .a timely fashion. He didn't see it as
a major hurdle or obstacle to the project.
Acting Chair Throop opened the public hearing.
Kristi Otteni, LaPine Great Start Preschool,
talked with a representative from Habitat for
said there were volunteers in the LaPine a
interested in working on a project. They i
continue the negotiations with Habitat because,
be very organized on the volunteer portion of
Also, the school district volunteers would be
the shop teacher. She also had some additional
to the package: Early Intervention's letter
Miller and support letters from Phil Keisling,
Neil Goldschmidt and Dr. Conner's in LaPine.
PAGE 3 MINUTES: 2-26-92
said she had
Humanity, who
.rea who were
vere going to
they wanted to
the project.
supervised by
letters to add
from Marilyn
Norma Paulus,
0109 0005
Acting Chair Throop felt this proposal had the potential of
being the best proposal submitted in the entire state.
Tom Fee from Sunriver said he was a member of the Central
Oregon Right to Life. They were concerned with the general
term "child health and services that may be provided." He
wanted to know what the purpose of the building would be once
it was completed. Acting Chair Throop said it would be a
center to deal with family and children's issue in the LaPine
area. The specific program plan had not been fully developed
yet, but it was intended to enhance the well-being of families
and children and to give children the best opportunity for a
good start in life. He said there would be plenty of
opportunities for public input on specific program elements.
Mr. Fee said the positive aspects were apparent, but the
concern was for issues like the distribution of condoms in
high schools, and that well-intentioned programs could end up
being a center for Planned Parenthood Programs. He said they
were all in favor of child care, preschool and health care.
Acting Chair Throop suggested that he following this process
and if there were policy issue he wanted to address, that he
get involved in the process. He didn't feel that the
possibility of a future "land mine" should keep the County
from supporting this great opportunity for the LaPine
community. Commissioner Schlangen said there were a number of
people in the audience who he could meet with after the
meeting to discuss specific programs being considered. Mr.
Fee asked if the $80 per sq. ft. construction costs were
reasonable, since he wasn't familiar with normal construction
costs. Acting Chair Throop said that if the project were
constructed without any volunteer labor, the price would
probably be over $100 per sq. ft. for a public building. Mike
Burton said the cost for the building based on preliminary
estimates was about $70+ a foot and that it was only this high
because it would be a Federally funded project which would be
subject to Davis -Bacon meaning union wages had to be paid.
They would have firm cost estimates after the final design was
completed. Commissioner Schlangen felt that if it weren't for
the volunteer work, the cost estimate would be closer to $135-
$160 a sq. ft. for a public building, so she felt $70+ a sq.
ft. was an excellent price.
John Hopper with the Parent/Teachers Organization in LaPine
said they were working in support of people who were putting
this program together. Over the next three months, they had
scheduled speakers from the programs involved, and he invited
Mr. Fee and anyone else who was interested to attend those
meetings. He said there was no "hidden agenda."
Frank Moore said he applauded and supported the efforts of
this LaPine group, and agreed that the current facilities were
temporary, at best.
PAGE 4 MINUTES: 2-26-92
4.
5.
0109 0006
Acting Chair Throop closed the public hearing.
THROOP: A motion would be in order to submit the LaPine
Block Grant Proposal.
SCHLANGEN: I would be happy to make that motion.
THROOP: I'll be happy to second it.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
RESOLUTION 92-008 TRANSFERRING APPROPRIATIONS AND RESOLUTION
92-009 APPROPRIATING NEW GRANT FUNDS
Before the Board was signature of Resolution 92-008
transferring appropriations within the Mental Health Services
Fund and Resolution 92-009 appropriating new grant funds
received from the Mental Health Division. Frank Moore said
the $554,799 involved was all state and federal money.
SCHLANGEN: I move signature of Resolution 92-008
transferring appropriations.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
SCHLANGEN: I move signature of Resolution 92-009
appropriating new grant funds.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
SMIA FEE REDUCTION REQUEST
Don Comstock had come before the Board and requested a
reduction in his Surface Mining Impact Area (SMIA) fee he was
required to pay for replacement of one mobile home with
another. He felt he should not have the pay the full amount
since he had already paid for a SMIA study on a lot he owned
which was next to this property and was closer to the surface
mining site. He felt the study on the closer parcel should be
used for this site also, and therefore require less work on
the part of the County. Karen Green said that as a matter of
policy when a person was replacing a dwelling and the
PAGE 5 MINUTES: 2-26-92
6.
7.
RE
replacement dwelling would be no
than the existing dwelling being
would not require a SMIA review.
closer than the existing dwelling,
plan approval. However because
staff report to the previous one,
form SMIA which had a much lower i
her to convey this information to
AGREEMENT WITH OSU FOR FARM STUDY
0109 0007
--loser to the surface mine
replaced, then the County
If the new dwelling was
he would have to have site
it would entail a similar
they could use the short
;ee ($75). The Board asked
Mr. Comstock.
Before the Board was signature of an Agreement with OSU
providing the services of James R. Pease, Ph.D. to assist the
County in agricultural land use planning, i.e. the farm study.
SCHLANGEN: Move signature of Agreement with Oregon State
University for the County Farm Study.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
DLCD PLANNING ASSISTANCE GRANT ADDENDUM
Before the Board was chair signature of the DLCD Planning
Assistance Grant Addendum. Karen Green said this grant would
be used to pay for the farm study the Board just authorized.
Two proposed corrections had been made, so the document needed
to be returned to DLCD for them to initial if they agreed.
The total was $33,300. $3,300 was the general planning grant
that all the counties received, and the $30,000 was the
competitive grant. The correction was to roll all of the Goal
5 allocated money into Goal 3, and she had verbal approval
from DLCD to do that.
SCHLANGEN: Move Chair signature
Assistance Grant.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
of the DLCD Planning
ACCOUNTS PAYABLE VOUCHERS AND TAX OVERPAYMENT REFUNDS
Before the Board was approval of accounts payable vouchers in
the amount of $141,645.68 and tax overpayment refunds from the
unsegregated tax account in the amount of $256.45.
PAGE 6 MINUTES: 2-26-92
0109 0008
SCHLANGEN: I move approval upon review.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
9. ORDINANCE 92-012 REPEALING ORDINANCE 90-016 SECTION 1
Before the Board was signature of Ordinance 92-012 repealing
Ordinance 90-106 Section 1, amending Section 1.12.030(C)(3)
Preparation of Ballot Titles and Explanatory Statement of the
Deschutes County Code.
Rick Isham said this was being repealed because of a potential
ambiguity.
SCHLANGEN: I move first and second reading by title only
of Ordinance 92-012.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
Acting Chair Throop performed the first and second readings of
Ordinance 92-012.
SCHLANGEN: Move signature.
THROOP: I'll second it.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
10. LIQUOR LICENSE FOR SUNRIVER FLORAL & DELI
Before the Board was chair signature of a Liquor License
application for Sunriver Floral & Deli.
SCHLANGEN: Move signature.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
PAGE 7 MINUTES: 2-26-92
0109 0009
11. LIQUOR LICENSE FOR DESCHUTES RIVER TROUT HOUSE
Before the Board was chair signature of a Liquor License
Renewal for Deschutes River Trout House.
SCHLANGEN: Move chair signature.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
12. MP -91-36 FOR GRIDER
Before the Board was signature of MP -91-36 creating two 10 -
acre parcels in an MUA-10 zone in the Plainview area for
Patrick Grider.
SCHLANGEN: Move signature of MP -91-36.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
13. MJP-90-7 ON MORNING STAR DRIVE
Before the Board was signature of MJP-90-7 dividing a 39 -acre
parcel into three lots in an RL Zone on Morning Star Drive.
SCHLANGEN: Move signature of MJP-90-7.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
14. RESOLUTION 92-014 AUTHORIZING LIMITED TAX BOND WARRANTS
Before the Board was signature of Resolution 92-014
authorizing the issuance of limited tax bond anticipation
improvement warrants dated March 2, 1992, not to exceed
$300,000 for local improvement districts and authorizing
signature of closing documents.
Rick Isham said these would be for the existing local
improvement districts which were completed about one year ago.
SCHLANGEN: I move signature of Resolution 92-014.
PAGE 8 MINUTES: 2-26-92
THROOP: I'll second the motion. 0109 0010
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
15. AWARD OF CONTRACT FOR ASBESTOS ABATEMENT
Before the Board was award of an asbestos abatement contract
to the low bidder, TLH Abatement out of Oregon City, for
$7,545 and authorization of signature on the contract. Acting
Chair Throop asked that the legal staff follow this contact
and the removal work closely. Brad Chalfant said the contract
had a fixed amount, and a consultant would be hired to answer
any technical questions.
SCHLANGEN: I move that we award the asbestos abatement
contract to TLH Abatement in the amount of
$7,545.
THROOP: I'll second the motion.
Acting Chair Throop asked that the legal department proceed as
carefully as possible to assure that the County was protected.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
16. HISTORICAL MUSEUM SHIPO GRANT
Brad Chalfant said the County Historical Society had an
opportunity to apply for State Historical Preservation Office
Grant money for the renovation of the museum, and the County
was being asked to commit $5,000 to the project. He had
informed them that unless the tax base measure was passed,
this $5,000 commitment would likely be in-kind services due to
the budget shortage. They wanted to go ahead with the grant
application recognizing that they might have to look for
another source for the matching funds. He requested that the
Board authorize him to sign the application specifying that
the County approved the submission of the grant application.
The total project cost was $19,722.50.
SCHLANGEN: I move authorization for Brad to sign.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: Excused
PAGE 9 MINUTES: 2-26-92
DATED this ! day of
Commissioners of Deschutes County,
AT T:
Recording Secretary
PAGE 10 MINUTES: 2-26-92
0109 0011
1992, by the Board of
, Fpmmiss
WED.. - --,
Dick Maudlin, Chairman