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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 9 .-�Y c moilFYc,L`.it 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 ��� 3. 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