1992-36277-Minutes for Meeting October 21,1992 Recorded 10/29/199292-392'77
MINUTES
0119-1185
DESCHUTES COUNTY BOARD OF COMMISSIONERS ' rInT
October 21, 1992 `"
Chairman Maudlin called the meeting to order at 10 a.m. Board
members in attendance were Dick Maudlin and Tom Throop. Also
present were: Rick Isham, County Counsel; Dave Leslie, Planner;
Brad Chalfant, Property Manager; Mike Viegas, Risk Manager; Karen
Green, Community Development Director; George Read, Planning
Director; and Tom Blust, County Engineer.
1. ACCEPTANCE OF TWO WARRANTY DEEDS FOR WARD ROAD
Before the Board was signature of two Acceptance of Warranty
Deeds for improvements on Ward Road.
THROOP: I'll move signature of the two Acceptance of
Warranty Deeds for the improvements on Ward Road.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
2. AMENDMENT #27 TO MENTAL HEALTH INTERGOVERNMENTAL AGREEMENT
THROOP: I'll move approval of the Amendment #27 to the
Mental Health Intergovernmental Agreement.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
3. PUBLIC HEARING: ORDINANCE 92-058 AND 92-59 CONCERNING SM SITE
421
Before the Board was a public hearing concerning Ordinance 92-
058 amending PL -20, the Deschutes County Year 2000
Comprehensive Plan, and Ordinance 92-059 amending Title 18, of
the Deschutes County Zoning Ordinance, to correct an error in
the mapping of Deschutes County Surface Mining Inventory Site
#421.
Dave Leslie said Site #421 was currently over 1,700 acres in
size and staff felt it was an error to have zoned the entire
parcel for surface mining, since the resource was on a much
smaller portion of the parcel. The remainder of the parcel
PAGE 1 MINUTES: 10/21/92
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01.19-1186
was under farm use. He recommended that the staff report be
incorporated into the ordinances as acceptable Board findings
for adoption of the ordinances. Site #421 would be reduced to
500 acres, and the remaining acreage would return to an
agricultural comprehensive plan designation and EFU zone
designation. He felt the record indicated this was the
original intent for protection of this resource. The
materials submitted by the property owner (Bob Coats) and the
maps on file at DOGAMI, indicated a much smaller area with
resource material.
Chairman Maudlin opened the public hearing.
Bob Coats agreed with Mr. Leslie that the resource zoning
should only be placed on the area designated in the original
map he had submitted. He felt the confusion was that staff
had just used the tax lot number to identify the resource,
while just a portion of the tax lot contained resource.
Commissioner Throop asked if this change would require a
reconfiguration of the tax lot? Mr. Leslie said no, there
would just be multiple zoning on the existing tax lot.
Chairman Maudlin closed the public hearing.
MAUDLIN: I'll ask for first and second reading by title only
of Ordinances 92-058 and 92-059.
THROOP: I'll make the motion for both.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinances 92-058 and 92-059 by title only.
THROOP: Move adoption of Ordinances 92-058 and 92-059.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
4. LEASE ADDENDUM WITH LYNN SCHONING
Before the Board was signature of a Lease Addendum with Lynn
F. Schoning for property located at 718 NE 8th Street in Bend
and used by the Mental Health Department.
PAGE 2 MINUTES: 10/21/92
5.
THROOP: I'll move signature. 01119-11S7
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
MOBILE HOME ON TEAL ROAD
Brad Chalfant said the County had finally acquired title to
the mobile home on the County's property on Teal Road. A
number of people had come to the County who wanted the mobile
home. The County Corrections Department had also expressed
interest in salvaging the mobile home and utilizing parts of
it for a trailer at the wood yard at the Knott Landfill.
Larry Rice, Public Works Director, was in agreement with that
proposal. Rick Isham expressed concern that if someone from
the public was allowed to salvage the mobile home, it might
end up in an unauthorized and illegal place under the County's
ordinance. Chairman Maudlin mentioned that whoever would move
it would have to have a permit.
Brad Chalfant recommended that County Corrections be allowed
to move and dismantle the mobile home. He said it was
uninhabitable, and he didn't believe it could be made
habitable.
THROOP: I would move disposition as outlined by Brad.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
TAX REFUND ORDER 92-116
Before the Board was signature of tax refund Order 92-116 in
the amount of $256.93.
THROOP: I'll move signature of the tax refund Order.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
PAGE 3 MINUTES: 10/21/92
0119-11 83
7. APPOINTMENT TO RIVER BEND ESTATES SPECIAL ROAD DISTRICT
Before the Board was reappointment of Jed Wegner to the River
Bend Estates Special Road District Board of Directors.
THROOP: Move reappointment.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
8. BROKEN TOP FINAL PLATS
Before the Board was signature of the Final Plats for Phases
1A, 1B, 1C and 1D of Brokentop, a PUD in the Bend Urban Area,
and signature of an escrow funds agreement.
THROOP: I'll move signature of the final plats for the four
phases and the Agreement.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
9. MP -92-5 DIVIDING COUNTY PROPERTY ON BYRAM ROAD
Before the Board was signature of MP -92-5 dividing a 270 -acre
County -owned parcel on Byram Road into one 230 -acre and two
20 -acre parcels.
THROOP: I'll move signature of MP -92-5.
MAUDLIN: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
10. ACCOUNTS PAYABLE VOUCHERS
Before the Board was signature of weekly bills in the amount
of $450,741.16.
THROOP: Move approval subject to review.
MAUDLIN: Second the motion.
PAGE 4 MINUTES: 10/21/92
® 9+1I
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
11. APPROVAL OF TRAVEL COSTS
Before the Board was a request from the Health Department to
approve travel costs for three people to attend a Conference
in Portland on "New Challenges in HIV Care" on October 28-29.
The total cost was $635 and within the department's budget.
THROOP: I'll move approval of the travel costs.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
12. PERSONAL SERVICES CONTRACT FOR HEARINGS OFFICER
Before the Board was signature of a Personal Services Contract
with Bryant, Emerson, Fitch and McCord for Hearings Officer
services. Karen Green said this was a renewal of the previous
agreement with an increase in the hearings' fees from $350 to
$500. This was the first increase since 1986. There was also
a provision in the contract which allowed Community
Development to approve additional compensation (up to $1,000)
per hearing for particularly complex hearings. The
department's appropriation for hearings fee would eventually
have to be increased since there would be more hearings this
year due to the agreement with ARLU-DeCo to have full hearings
on all farm decisions.
THROOP: I'll move signature of the Personal Services
Contract.
MAUDLIN: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
13. RESOLUTION 92-082 APPROVING SHPO GRANT
Before the Board was signature of Resolution 92-082
authorizing chair signature of Historic Preservation Fund
Agreement #9219 (SHPO).
MAUDLIN: I would entertain a motion for signature of
Resolution 92-082 and the grant authorization and
chair signature.
PAGE 5 MINUTES: 10/21/92
THROOP: So moved. 0Jl
119-1190
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
14. RESOLUTION 92-081 AMENDING RESOLUTION 92-048 ADOPTING
DESCHUTES COUNTY BUDGET
Before the Board was signature of Resolution 92-081 amending
Resolution 92-048 which adopted the Deschutes County Budget
for fiscal year 1992-93. Chairman Maudlin said one of the
special service districts had accidentally been included in
the County budget and had to be removed.
THROOP: I'll move signature.
MAUDLIN: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
15. SUMMERFIELD PHASE II SUBDIVISION PLAT
Before the Board was signature of subdivision plat for
Summerfield Phase II located in the City of Redmond off Quartz
Avenue.
THROOP: I'll move signature of the plat.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
16. MP -92-21 ON BLAKELY ROAD
Before the Board was signature of MP -92-21 creating three lots
from a 4.91 acre parcel in an RS zone on Blakely Road.
THROOP: I'll move signature.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
PAGE 6 MINUTES: 10/21/92
17. INDEMNITY AGREEMENT FOR THE LOBOS 01.19-1191
Before the Board was signature of an Indemnity Agreement with
the Lobos Motorcycle Club for an off-road vehicle race
scheduled for October 24 and 25. Mike Viegas said most of the
materials he needed to review before recommending approval of
this indemnity agreement had arrived at 9:50 a.m. that morning
by Federal Express. It seemed to be all there, however it was
difficult to review these documents adequately when given such
a short time line. They had had this problem before and had
requested that the Lobos give the County greater lead-time for
their events. However, they had to work with a different
person almost every time, and the situation was just getting
worse. He suggested that he prepare some guidelines for
approving these requests which would require that they be
submitted at least two weeks in advance. He also mentioned
that the State Highway Department had not been contacted about
this event even though the race would be crossing under
Highway 20 in a couple of spots. It also appeared that they
had not contacted all of the private property owners involved.
Mr. Viegas had contacted the Sheriff's Department and the
Public Works Department and neither had a problem with this
race or its location.
Chairman Maudlin pointed out that the County should only be
concerned that the County requirements had been taken care of.
Mr. Isham said the County's jurisdiction related to the County
roads which were being crossed and their need to stop traffic
on a County Road. They were also using County property for a
staging area. There had not been any problems with the use of
these areas in the past, however at the last race there was an
accident in the undercrossing of the state highway. He felt
uncomfortable that we didn't at least have a verbal okay from
State Highway.
Chairman Maudlin suggested that Mr. Viegas contact the Lobos
and inform the race promoter that the County had approved the
Indemnity Agreement, but that they had to also get permission
from the State Highway Division.
MAUDLIN: I move that we sign the approval for the Lobos off-
road race with the proviso that the race
coordinator be notified that he must get permission
from the state for the undercrossing on Highway 20.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
PAGE 7 MINUTES: 10/21/92
0119-1192
18. ORDER 92-117 ASSIGNING ROAD NAME OF (NE) 6TH STREET
Before the Board was signature of Order 92-117 assigning the
road name of (NE) 6th Street.
THROOP: I'll move signature.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
19. RESOLUTION 92-083 SUPPORTING YOUR COMMUNITY 2000 GOALS
Before the Board was signature of Resolution 92-083 supporting
the goals outline in the Your Community 2000 final report.
THROOP: I'll move approval.
MAUDLIN: I second.
VOTE: THROOP: YES
SCHLANGEN: Excused
MAUDLIN: YES
DATED this day of NbK f 1992, by the Board of
Commissioners of Deschutes County, Ore on.
AT ES
Recording Secretary
PAGE 8 MINUTES: 10/21/92
Tom Throop, l Commissioner
Nancy Pope Sc langen, Commissioner
151'ck Rdtidlfx4 "Chairman