Loading...
1992-37602-Minutes for Meeting October 28,1992 Recorded 11/4/199292-3'7602 0119-1309 MINUTES 13 v• DESCHUTES COUNTY BOARD OF COMMISSIONERS October 28, 1992 t`y_ 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; Brad Chalfant, Property Manager; Brad Mulvihill, Community Corrections; Larry Rice, Public Works Director; and Florence Torrigino, Health Director. 1. ORDER 92-122 CONCERNING SUNNY ACRES LID ORDER 92-121 CONCERNING RIVERWOODS DRIVE LID RESOLUTION 92-084 AUTHORIZING SALE OF JAIL BOND EXECUTIVE SESSION ON INN MANAGEMENT PLAN The Board decided to postpone these items until the following week. 3. ORDER 92-120 CONCERNING PONDEROSA CASCADE LID Before the Board was signature of Order 92-120 accepting the Engineer's assessment report on the Ponderosa Cascade local improvement district, accepting the improvement, and setting a hearing for Monday, November 16, 1992. Larry Rice said the final costs ($108,655.82) came in under the Engineer's estimate ($257,046.25) and, therefore, the cost per lot would be $2,898.00 instead of $3,570.08. MAUDLIN: Entertain a motion for signature of Order 92-120. THROOP: I'll make the motion. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 4. RESOLUTION 92-080 CONCERNING VACATION OF PORTION OF SIS_EMORE ROAD AND PONDEROSA CASCADE DRIVE AND ORDER 91-114 SETTING A PUBLIC HEARING Before the Board was signature of Resolution 92-080 accepting a petition to vacate a portion of Sisemore Road and Ponderosa Cascade Drive; and signature of Order 92-114 accepting the Engineer's Report and setting a public hearing for Wednesday, December 9, 1992. Larry Rice recommended that the Board proceed with the hearing even though it was the County Engineer's and Planning staff's assessment that the proposed vacation was not in the public PAGE 1 MINUTES: 10-28-92 5. 6. 0119-1310 interest. This would allow the petitioners to come before the Board to explain why they felt the road should be vacated. Rick Isham mentioned that the petitioners had been told that the County Engineer was not recommending the vacation, and that in order for the Board to approve the vacation, a positive recommendation was required from the County Engineer. The petitioners wanted to proceed with the public hearing anyway. THROOP: I'll make the motion. MAUDLIN: Second it. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES AWARD OF BID FOR PURCHASE OF GRADER Before the Board was the award of bid for an articulated type motor grader to the low bidder, Pape' Bros. Inc., for $181,868. Rick Isham said Pape' had made a bid on the financing at 7%, however he would also be contacting the banks to get the lowest interest rate. THROOP: I'll move award of the bid at outlined. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES RESOLUTION 92-086 AMENDING FEE SCHEDULE Before the Board was signature of Resolution 92-086 amending the County fee schedule Resolution 92-022 to add diversion fees for minor in possession of alcohol or tobacco. THROOP: I'll move signature of the Resolution. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES PAGE 2 MINUTES: 10-28-92 7. AMENDED MEMORANDUM OF UNDERSTANDING WITH ESD 0119-1 X11 Before the Board was chair signature of an Amended Memorandum of Understanding between Deschutes County Health Department and the Education Service District. Florence Torrigino said the Education Service District had asked that the Health Department provide public health nurse services at Rising Star and Alice Hatch, and this amendment would provide financing for those services. THROOP: I'll move signature of the amended memorandum. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 8. RESOLUTION 92-099 CONCERNING LIVESTOCK CLAIM Before the Board was signature of Order 92-099 finding that livestock owned by Debbie Ridgeway was killed by dogs, establishing the value of the livestock, and ordering a warrant drawn to pay the livestock loss claim. Rick Isham said some unknown dogs killed two of Debbie Ridgeway's sheep. The claim was for $47.50 for each sheep. THROOP: I'll move payment. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 9. ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly bills in the amount of $249,737.92. THROOP: Move approval subject to review. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES PAGE 3 MINUTES: 10-28-92 0119-1312 10. ORDER 92-123 BUDGETED CASH TRANSFER AND RESOLUTION 92-085 TRANSFERRING APPROPRIATIONS Before the Board was signature of Order 92-123 transferring cash within various funds of the Deschutes County Budget; and Resolution 92-085 transferring appropriations within the Deschutes County Budget. THROOP: I'll move signature of the Order and the Resolution. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 11. ORDER 92-119 CONCERNING SPRING RIVER ROAD Before the Board was signature of Order 92-119 changing the name of a section of Spring River Road to Spring River Loop. THROOP: Move signature. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 12. ORDER 92-118 CONCERNING SAGE RANCH ROAD Before the Board was signature of Order 92-118 assigning the name Sage Ranch Road to an unnamed access road. THROOP: I'll move signature of the Order. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 13. WINDANCE ESTATES PHASE I SUBDIVISION PLAT Before the Board was signature of City of Bend Subdivision Plat for Windance Estates Phase I for Windance Development in Southeast Bend. THROOP: Move signature of the plat. MAUDLIN: Second the motion. PAGE 4 MINUTES: 10-28-92 14. 15. 16. VOTE: THROOP: YES 0119-1313 SCHLANGEN: Excused MAUDLIN: YES RESOLUTION 92-087 RELATING TO TAX REFUNDS Before the Board was signature of Resolution 92-087 relating to property tax refunds. Rick Isham said that under the applicable statute for tax refunds, there had been some confusion regarding who was entitled to a refund under different circumstances. The old administrative rule wasn't very helpful, so they redrafted the rule. This rule would not be in effect until January 1, 1993, so this resolution would allow implementation of the new rule immediately. THROOP: I'll move signature of the Resolution. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES REGIONAL STRATEGIES STATUS Rick Isham wanted to discuss the status of the Regional Strategies Grant Agreement with the State. Commissioner Throop said he should contract Lise Glancy, OEDD Regional Strategies Section Manager, directly regarding this issue. The Board and County Counsel were concerned that the Board was being required to sign the Memorandum of Understanding because Deschutes County was the "region." However, by signing, the County was taking responsibility for a program which was out of the County's control. Rick Isham said he had spoken to someone from OEDD who told him the memorandum of agreement "didn't mean what it said" concerning guarantees by the County. The Board asked Rick Isham to make contact with Lise Glancy to express the Board's concern about assuming liability for programs over which they had no control. MP -92-38 FOR LES VAN HORN Before the Board was signature of MP -92-38 dividing a 2.69 acre parcel in an RL zone for Les and Kay Van Horn. THROOP: Move signature. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES PAGE 5 MINUTES: 10-28-92 17. HEMSTREET FAMILY TRUST V. DESCHUTES COUNTY 0119-13-14 Rick Isham and Brad Chalfant came before the Board with a summary of the proposed settlement terms on the Hemstreet Family Trust v. Deschutes County case. Rick Isham said the parties were very close in settlement negotiations. The main features of the proposed settlement were that the access road which Deschutes County was concerned about on Johnson Road would be closed by July 1994; the County would give them the easement for the new road location, however the Criswells would have to relocate the road at their cost; the County would have use of the new access; the Criswells would pay the County's attorney's fees; and they would remove the fences which were blocking the trail access along Tumalo Creek. The County would not receive an easement along the river but would receive an irrevocable license similar to what Brooks Resources had done along the river south of Bend. Brad Chalfant added that the Criswells would also be paying for the surveying costs. Rick Isham said they felt it was an appropriate settlement and requested authority from the Board to go forward with this settlement proposal. Commissioner Throop asked that the elements of the settlement be outlined again. Brad Chalfant said they were: the license would be extended until July 1994 on the existing roadway, the roadway would then be relocated to the south property line, the Criswells would pay for the survey costs, the adjoining owners, Harbor Resources, and the Criswells would be allowed to use the new easement at existing and historical levels, the Criswells and Harbor Resources would also quitclaim any interest they might have (or claim to have) in the County property, and would grant a nonrevocable license along the river for trail use, they would pay the County's attorney's fees and costs (approximately $5,000-$7,000), and the litigation would be dismissed with prejudice. Timothy Sercombe of Preston, Thorgrimson, Shidler, Gates & Ellis, had handled the negotiations with the Hemstreets, the Criswells (who purchased the property), and Harbor Resources (the pumice company). THROOP: I'll move approval of the agreement. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES PAGE 6 MINUTES: 10-28-92 0119-1 15 18. CLINE FALLS PROPERTY EXCHANGE Before the Board was a request from Brad Chalfant that the Board authorize getting an updated appraisal on the County property involved in the Cline Falls exchange with Jeff Cherry and the BLM which was moving forward. It would be paid for out of the County parks account. The Board authorized him to have an updated appraisal done. DATED this �nd day of 1992, by the Board of Commissioners of Deschutes County, Oreg n. A TEST: Al Recording Secretary PAGE 7 MINUTES: 10-28-92 TOM Irnroop, - commissioner �� &44d Nancy pe Schlan en, Commissioner r Ma d in, C a'rman