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1992-14303-Minutes for Meeting April 08,1992 Recorded 4/27/1992' 92-14303 0115-0290 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 92 APS 27 N 3: 3 April 8, 1992 UOUNTY CLERK 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; Bruce White, Assistant County Counsel; Larry Rice, Public Works Director; Tom Blust, County Engineer; and George Read, Planning Director. 1. RENTAL AGREEMENT FOR ADULT FOSTER CARE HOME Before the Board was Chair signature of a rental agreement with Lynn Schoning for the use of the facility at 718 NE 8th Street by the Mental Health Division as an adult foster care home. THROOP: I'll move approval of the Chair signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. CONSENT AGENDA Consent agenda items before the Board were: #2, Order 92-034 changing the name of Georgia Court East to Bessie Court; and #3, signature of Development Agreements for the LaPine Elementary School, the Three Rivers Elementary School Expansion, and the 27th Street Middle School for the Bend- LaPine School District. THROOP: I'll move items 2 and 3 of the consent agenda. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 3. FINAL REPORT TO OEDD ON CONSEP MEMBRANES Before the Board was Chair signature of the final report to the Oregon Economic Develop Department regarding job creation by Consep Membranes. • R 5O.y11l0 1 PAGE 1 MINUTES: APRIL 8, 1992 0115-0291 Mike Burton, COIC, said he had contracted with the County to provide job reporting on a Block Grant which had been awarded to the County in the amount of $500,000. In 1985, the County lent this money to Consep Membranes who was to have created 42 new jobs with the funds. A number of events occurred, mostly outside the control of the company, which resulted in the companies inability to create the number of job it had anticipated. The County negotiated with the State for an extension of the job creation period until March 31, 1992. The material provided by the company indicated that 27 new job had been created since the loan was made. Of these 27 new jobs, 17 were first filled by people of low or moderate income which was 63% and exceeded the HUD requirement of 51%. The total creation of new jobs was short approximately 15 jobs, so the State was requesting that the County return $176,000. The final report and the check needed to be to OEDD in Salem by Friday, April 10, 1992. That was a condition of the State's willingness to consider an application for a current grant request for the LaPine Community Campus Program. Chairman Maudlin expressed his appreciation to Mike Burton for the job he had done on this project. He noted that Consep had been repaying their loan from the County at the rate of $5,000 a month, and that the County had been able to create over 300 new jobs loaning out this money to other businesses. Commissioner Throop said he felt it was important to send the final report and enclose the $176,000 check with it. He said Deschutes County's resolving loan fund had produced as well or better than any similar program in the state and had created over 300 jobs. Many of the businesses which have relocated, started up, or expanded in Deschutes County had received loans from this loan program. He complimented COIC on helping make this loan program work. Both Commissions Maudlin and Throop said it was under duress that they were sending the State this money, but felt it was prudent under the circumstances. Chairman Maudlin pointed out that the loan fund was still healthy even after the $176,000 payment. MAUDLIN: We need a motion for chair signature of the letter and to send the check for $176,000. THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 2 MINUTES: APRIL 8, 1992 5. 0115-4292 Chairman Maudlin said he wanted the Board to send a letter to the governor expressing the Board's "total dismay with the actions" of these people. Mike Burton suggested that comments be included concerning the refusal of HUD to consider contract or temporary labor, since there were additional people who were working for Consep who would not have jobs were it not for the County's loan. There were also people who worked for Consep out of state, who were not allowed to be counted in the job creation. Since it was a federal program, he didn't understand why this restriction was imposed. DECISION ON BELL FENCE Before the Board was signature on the Bell fence decision. Commissioner Throop left the room for a short errand indicating that he would be a "no" vote on this item anyway, so the Board should continue without him. Bruce White said that Karen Green, Community Development Director, had made some suggested changes to the decision. He recommended that the Board adopt the draft decision upon review of Karen's recommendations. MAUDLIN: (for Commissioner Schlangen since she had lost her voice) Commissioner Schlangen has moved that we sign this subject to final draft. MAUDLIN: I would second the motion. VOTE: THROOP: Excused SCHLANGEN: YES MAUDLIN: YES ORDINANCE 92-035 ADOPTING PLUMBING CODE Before the Board was signature of Ordinance 92-035 amending Ordinance 87-025 to adopt the 1992 supplements to the Plumbing Specialty Code. MAUDLIN: This requires first and second reading by title only. SCHLANGEN: So moved. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-035. SCHLANGEN: Move adoption. PAGE 3 MINUTES: APRIL 8, 1992 0115-0293 THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 6. ACCEPTANCE OF DEED FOR SQUAW CREEK CANYON PARK LOTS Before the Board was signature of Acceptance of Deed from Squaw Creek Canyon Recreation Estates for three lots on Mt. View and Buffalo Drives. Brad Chalfant explained that this process should have been completed long ago. According to the plat which was filed in 1967 on Squaw Creek Canyon, three lots were to be dedicated as public park property. The County never received the property, and there was no language of dedication on the actual plat. However the lots were indicated on the plat as public park lots. The owner of Squaw Creek Canyon Recreation Estates had come forward with the deed to the three properties, and there were title reports indicating the titles were clear and taxes had been paid. He had inspected the property, and there was no reason not to accept the property, however he was not making a recommendation. There was no existing park district in the area so the County would be the ultimate recipient of this property. The County would then become subject to the LID costs, if these lots were in the proposed LID. The Board agreed to postpone this issue until the Board made a decision on the proposed LID in this area. 7. TETHEROW CROSSING GATE PERMIT AT YUCCA AVENUE Commissioner Throop said the Legal Department had concluded that the Public Works recommendation to approve this gate permit request, might be in violation of the County's ordinance. Larry Rice said his interpretation of the ordinance was that this request met the "intent" of the Board when they signed the ordinance. He felt the residents in the area had a real need for this gate. A gate on this location would not deny the public access to the river since the river frontage was all county -owed property and there was access to the property from another road. Bruce White said the ordinance stated that in order to place a gate on this road, it had to be a dead-end road which was not generally used by the public. This road didn't meet either of these criteria. The Board decided to have Chairman Maudlin work on this issue with the Public Works Department and the Legal Department, and bring back a recommendation to the Board. PAGE 4 MINUTES: APRIL 8, 1992 011 5-0294 8. ACCOUNTS PAYABLE VOUCHERS AND TAX REFUNDS Before the Board was approval of $284,634.50 in accounts payable vouchers. SCHLANGEN: Move approval upon review. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. TAX OVERPAYMENT REFUNDS Before the Board was approval of $1,084.20 in tax overpayment refunds. SCHLANGEN: Move approval. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. HIRING BUILDING INSPECTOR AT STEP D Before the Board was a request from Karen Green, Community Development Director, that she be allowed to hire a Building Inspector at Step D of Range 20 of the salary schedule. One of the candidates was very highly qualified, had been a building inspector for 16 years, had eight certificates, and currently worked for the State of Oregon. He would have to take a pay cut even if he were hired at step D, and wouldn't come to work for the County for anything less. She said Mike Maier, County Administrator, supported hiring this individual at step D based on the unique circumstances of this particular situation. She said bringing this person in at Step D would not create a conflict for any of the existing employees since the senior employees were already at the top step and the others were relatively new to inspection and were at a lower level of compensation. THROOP: I'll move approval of step "D." SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 5 MINUTES: APRIL 8, 1992 0115-0295 11. BUILDING PERMIT WAIVER FOR LAPINE COMMUNITY CAMPUS Before the Board was a request from representatives of the LaPine Community Campus that the County waive the building permit costs for the LaPine Community Campus building project. They needed to know because that was one of the questions on the Block Grant which they were applying for. Commissioner Throop said the County had authorized this Community Development Block Grant application, but felt if there was a building fee waiver it needed to come from the General Fund or out of Contingency. Karen Green pointed out that last week the Board authorized a fee waiver for the Rosie Bareis Center, however in that instance, the County owned the property. Commissioner Throop said in this case, the School District would own the property and administer the program, and the County was just the "vehicle" for them to apply for a Block Grant. Karen Green said the fees for a 5,000 sq. ft. building would be significant (well over $1,000). Commissioner Throop thought these fees should be paid from the grant money. The Board asked Commissioner Throop to contact the representatives of the LaPine Community Campus to let them know that the Board felt the fees should be paid out of the grant. 12. RESOLUTION 92-025 WARRANT FINANCING FOR THE THREE LIDS Rick Isham said Tom Blust, County Engineer, had received the bids for the approved LIDs yesterday afternoon. As a precautionary measure, he requested that the Board authorize signature of a resolution authorizing the Director of Administrative Services, Mike Maier to negotiate the warrant and sign any documents necessary to confirm the warrant sale at the prices which were bid. Chairman Maudlin said he had no objection to doing that since the Board had already agreed to do the LIDs. SCHLANGEN: So moved. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 6 MINUTES: APRIL 8, 1992 0115-0296 13. ORDINANCE 92-033 AND 92-034 REGARDING OPEN SPACE AND LANDSCAPE MANAGEMENT ZONES Before the Board was signature of Ordinance 92-033 amending PL -20, the Deschutes County Year 2000 Plan, to amend goals and policies regarding open space; and Ordinance 92-034 amending Title 18 of the deschutes County Code regarding Landscape Management Zones. George Read said the findings were attached to the zoning ordinance which explained the process and how it met the periodic review requirements. He said there was one change since the Board last discussed these ordinances. Chairman Maudlin wanted to insert some clarifying language in Ordinance 92-034, 18.84.090, Setbacks, #4: "New structures (including decks or additions to the existing structures) shall be set back 50 feet from the rimrock in an LM zone. An exception to this setback may be granted to as close as 20 feet of the rimrock pursuant to the provisions of subsection 5 of this section." George Read said there was also one typographical error in this same section; it had previously said "setback may be granted to as close to 20 feet of the rimrock" which should have said "as close as 20 feet." Bruce White said he made a change in Ordinance 92-034. There had previously been a Section 4 which deleted certain references to landscape management zones in the site plan chapter of the ordinance. He had a concern that references to those chapters might make people think that when the County was doing a landscape management review, the protected area was not just the road or the river but could be adjacent properties. After reviewing this language again, and after having just written the Bell fence decision, he felt the language did not need to be repealed and the ordinance should continue to make reference to site plan review. In the Bell decision, he made it clear that the point of landscape management was to protect the view from the road or the river and not to protect adjacent properties from each other. Bruce White said there would have to be some further codification of the Comprehensive Plan and there would be some more work done to fold in the River's Study policies, but he didn't feel there was time to do it now. However, he said there would probably be some other clean up items taken care of at that time. Commissioner Throop asked why the language regarding residential exterior lighting referred to "new" lighting, and didn't include replacement lights. George Read said replacement lights would not come under the review of the County, so the language pertained to new development. PAGE 7 MINUTES: APRIL 8, 1992 0115-0297 Chairman Maudlin referred to the list of the roads which were within the landscape management zone and wondered how Highway 20 east to Millican came to be in the LM zone. George Read said this was a compiled listing of all the highway in the LM zone. Chairman Maudlin asked why Hampton and Brothers weren't listed. George Read said they were in rural services centers and therefore were exempt. Bruce White said the reference to Highway 20 east to Millican was probably incorrect. He knew that some surface mining sites were being reviewed for consistency, and he thought the planner was making those revisions under the assumption that Highway 20 was in the LM zone east to the County line. George Read said the LM zone did not go beyond Millican on the Comprehensive Plan Map, however there were references to this highway being a landscape management corridor. Bruce White suggested that the Board include section "(w) Highway 20 east to the County line" in the list of LM roads to be consistent with the surface mining changes. The Board agreed to make that amendment to Ordinance 92-033. THROOP: I'll move first and second reading by title only. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-033 by title only. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MAUDLIN: I would entertain a motion for first and second reading of ordinance 92-034 by title only. THROOP: So moved. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 8 MINUTES: APRIL 81 1992 0115---OP98 Chairman Maudlin performed the first and second readings of Ordinance 92-034 by title only. THROOP: Move adoption SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DATED this_day of Commissioners of Deschutes t AT ST: ecording Secreta PAGE 9 MINUTES: APRIL 8, 1992 1992, by the Board of Or on. r. ssioner angen, Commiss r