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1993-07825-Minutes for Meeting February 17,1993 Recorded 3/16/19930120-1222, 93-07825 MINUTES. DESCHUTES COUNTY BOARD OF COMMISSIONERS° February 17, 1993 Chair Throop called the meeting to order at 10:09. Board mzp�o , in attendance were Tom Throop and Nancy Pope Schlangen. Also �Ui" attendance were Rick Isham, Legal Counsel; Bruce White, Assistant Legal Counsel; Brad Chalfant, Property Management Specialist; Sue Brewster, Assistant Legal Counsel; Mike Maier, County Administrator; Susan Mayea, Program Manager for Board of Commissioners; Frank Moore, Mental Health Director; Larry Rice, Public Works Director; Tom Blust, County Engineer; Dennis Maloney, Community Corrections Director; Ralph Delamarter, County Librarian; Sue Stoneman, Community Corrections; and Brian Harrington, Planner. 1. PUBLIC HEARING: ON PROPOSALS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Before the Board was a public hearing on proposals for the Community Development Block Grant Funds. Mike Burton, Specialist with the Central Oregon Intergovernmental Council, gave an introduction to the process. He said that the Oregon Community Development Block Grant program was administered by the Oregon Economic Development Department and funded by the Federal Housing and Urban Development Department and there was approximately $15 million in HUD money available to the State. He distributed a public information flyer outlining his overview and stated the purpose of this hearing was to provide opportunity for input. The County would be allowed to pursue one grant application from four categories: public works, housing rehabilitation, community facilities, and handicapped accessibility; one technical assistance grant applicant and, potentially, one economic development grant application. Mike stated there would be a second hearing if the County chose to pursue a grant application and that the deadline for the second public hearing would depend upon the project selected. He said the application window for housing, rehabilitation, community facilities, handicapped access, and technical assistance categories was April 2 at 5 p.m. and that the second hearing would have to be prior to submission of the final application. Chair Throop asked if the La Pine Community project would fall under community facilities and the Terrebonne Water District under public works. Mike Burton responded yes. Mike said applications for public works were being accepted until July 1 and that applications for economic development projects could be received now. Mike Burton said that three projects had been presented thus far: the La Pine Community Campus, the Terrebonne Water KF_ yp CRED 0120-1223 District, and a Sisters park project which was in a very preliminary process. Chair Throop asked if the County could apply for the maximum of three projects. Mike Burton said yes and that, in the first group, there would be one selection. The County could also apply for one each in the Technical Assistance and Economic Development categories. Chair Throop noted that the Board had been strongly supportive of the La Pine Community Campus last year and remained enthusiastic for that project. He said the Board was interested in "staying the course" and trying to help La Pine get funded in the second year. Chair Throop opened the public hearing. Tammi Lesueur, P.O. Box 325, La Pine, Oregon, presented the La Pine Community Campus Project. She identified herself as the President of the La Pine Great Start Preschool Board. She introduced Nancy Foster, Vice President of Great Start; Char Reynolds, Head Start; Libby Fenton, Head Start; Frank Moore, Deschutes County Mental Health; and Rene Clark, Together with Children Program. Tammi distributed various information outlining the La Pine Community Campus project. She stated there were various programs spread through La Pine and that they needed a building to house those programs. She said the grant would only fund the building without any extras such as furniture, toys, office equipment, or supplies and that they were looking into other grants in order to provide those items. They were also wanting community contributions. She said the community was very supportive and that the site was in the same area as the high, middle and elementary schools. Mike Burton commented that another participant in the project would be La Pine Habitat for Humanity, which would serve low- income people. He said their participation addressed the State's liability concerns from last year for volunteer work and construction. Habitat would accept the liability and management responsibilities for any volunteer work. Others present supportive of the project were John Hopper, Bend -La Pine School Board; Ruth Wahl, Bend -La Pine School Advisory Board; Ed Tillinghast, Principal of High and Middle Schools in La Pine; Ren Eggleston, and Amy Mosier, Teen Mom Program in La Pine. Chair Throop asked for other project proposals. Doug McLaughlin, Terrebonne Water District, distributed information describing their request. He described the system as "old and poorly designed" which caused pressure and water quality problems. Also, water chlorination would be required in 1985 MINUTES PAGE 2 2-17-93 0120-1224 or 1986. He said the engineering study, done by David Evans & Associated, identified the major needs and solutions. He said if they were not able to obtain the Public Works Grant, they could qualify for Technical Assistance. Chair Throop asked how they would use the technical assistance. Mr. McLaughlin said they would identify their specific needs and plan the actual engineering and layout of how the pump house and reservoirs would be built. Chair Throop asked where additional funds would be obtained. Doug said that all their revenue came from water sales and they could obtain resources from the voters by a tax. Commissioner Schlangen asked if they would be expanding or if they would be improving/updating the current system. Mr. McLaughlin said they were presently serving 900-950 people and that they primarily wanted to upgrade but would design with future expansion in mind. Chair Throop asked if the Board decided to select the La Pine application and sought technical assistance for the Terrebonne project, setting it up so that they could be the submittal next year, would that be acceptable to them. Mr. McLaughlin responded yes. Chair Throop asked for any other proposals. Howard Balderstone identified himself as a board member of United Senior Citizens of Bend. He said the Senior Center needed a new building as the current facility was limited in its ability to adequately provide for the number of activities occurring at the site such as meals, health, speakers, information referral for senior needs, meeting place for such housing organizations as AARP and other support groups, and a gift/thrift shop. He also said lack of adequate parking was a problem. Howard said they would also consider a "combination project" such as a community center and would also be interested in "tossing their center into the pot" if there were some kind of exchange that could be negotiated. There was no formal proposal at this time but the United Senior Citizens of Bend wanted the Board to know of their need. Chair Throop suggested developing a working group to make plans for a year from now. He said the City of Bend, Deschutes County, and United Senior Citizens of Bend would be the participants as well as other interested entities. Mr. Balderstone concluded that the United Senior Citizens of Bend would be very interested in such a working group. Sharon Miller, Executive Director of Central Oregon Community Action Agency Network, stated she was not presenting a proposal but that she was present to talk about the needs of low and moderate income people. She wanted to encourage local government to look at housing needs and economic development for family wage jobs. She said census statistics indicated MINUTES PAGE 3 2-17-93 2. 0120-1225 that the average household wage for this areas was $19,400 per year with the average rental of a two-bedroom apartment $470 and a two-bedroom home at $650. She said there were very few affordable housing starts and that there was a need to upgrade skills of lower -skilled workers enabling them to obtain increased salaries. Char Reynolds, Head Start, said she supported the La Pine Community Campus and would also like to add her support of housing and a cooperative effort to serve seniors. Chair Throop closed the public hearing. SCHLANGEN: I move that Deschutes County submits to the Oregon Community Development Block Grant for the La Pine Project that is in the Community Facilities category, and move that under technical assistance, the Terrebonne Domestic Water District, that we apply for them. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES After the vote, there was a brief discussion of developing a consortium that would work as a team to look at all the different grants and all possible community involvement. PUBLIC HEARING ON ORDER 93-062 Before the Board was a public hearing on Order 93-062 directing the transfer of real property to the Community Action Foundation of Central Oregon. Brad Chalfant gave the staff report. He said the property was located on Bear Creek and would be transferred to CAFCO as part of the Bill Healy project. Chair Throop opened the public hearing. Being no testimony, the public hearing was closed. SCHLANGEN: We are delighted to have property to assist the families in Deschutes County. I would like to move that we transfer real property to the Community Action Foundation of Central Oregon. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED MINUTES PAGE 4 2-17-93 3. THROOP: YES 0120-1226 CONTINUED PUBLIC HEARING: ON ORDER 93-053 APPROVING THE ANNEXATION OF TERRITORY TO CLOVERDALE RURAL FIRE PROTECTION DISTRICT AND SETTING A FINAL HEARING Before the Board was a continued public hearing on Order 93- 053. Bruce White presented the staff report. He said the public hearing was continued because of an error in the legal description and because of that there was omitted property and that the property owners should be notified in order to allow them to provide testimony. He stated those property owners had been notified and Dr. Chang had faxed a corrected legal description. He said that as part of the record, the revised legal description would be included plus Dr. Chang's signature of acknowledgement. he said that the Bureau of Land Management, owner of the land wrongly included, was also contacted, and they offered no objection to changing the legal description. Therefore, the Board was free to sign the order and give notice. The final hearing regarding annexation to the district was to be held on March 10, 1993, at 10 a.m. in the Deschutes County Juvenile Justice Building, Room A. Chair Throop opened the public hearing. Charles Trachsel, Fire Chief of the Cloverdale Fire Protection District, stated he was in agreement. Being no further testimony, the public hearing was closed. SCHLANGEN: I would like to move signature of Order 93- 053. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF CENTRAL OREGON EMERGENCY OPERATION CENTER COOPERATIVE AGREEMENT FOR FISCAL YEAR 1992-93 Before the Board was signature of the Central Oregon Emergency Operation Center cooperative agreement for fiscal year 1992- 93. The purpose of the agreement was to establish a Central Oregon Emergency Operations Center and Emergency Center Operations Board thus providing a centralized emergency center for use by all agencies in the event of an emergency incident that required the efforts of more than one agency. SCHLANGEN: I move signature of Central Oregon Emergency Operation Center Cooperative Agreement. MINUTES PAGE 5 2-17-93 5. 6. 7. THROOP: Second. 0120-1227 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF PERSONAL SERVICES CONTRACT WITH JOE OATMAN EXCAVATING Before the Board was signature of a personal services contract with Joe Oatman Excavating for blasting on Murphy Road within the right-of-way. Tom Blust said there would be drilling and blasting rock along Murphy Road to help alleviate a sight distance problem. The total cost would be $7,765. SCHLANGEN: I move signature of personal services contract with Joe Oatman Excavating. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF RESOLUTION 93-010 ESTABLISHING A NO PARKING ZONE ON ALL OF O.B. RILEY ROAD Before the Board was signature of Resolution 93-010 establishing a no -parking zone on all of O.B. Riley Road. Tom Blust stated that the Public Works Department had received the request from the State Parks Department. He said the reason was that the Park day fees would be raised from $2 to $3 and thus increase the number of people who would attempt to park along the road creating a safety problem. Steve Wiemeyer, Manager of the Tumalo Park District, said the park would also be open seven days per week, a change from the previous schedule of weekends and holidays, which would increase the problem of people parking along the road. Steve said there was a new parking lot with an additional 105 spaces and that parking was adequate. SCHLANGEN: I'll move signature of Resolution 93-010. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES AMENDMENT TO DESCHUTES COUNTY COMMUNITY CORRECTIONS PLAN MINUTES PAGE 6 2-17-93 Eil 0120-1228 Before the Board was an amendment to the Deschutes County Community Corrections Plan. Sue Stoneman said that this would reassign $140,000, or a portion of it, which had been budgeted for substance abuse. Since CCD was unable to obtain a qualified therapist, the program did not go forward. Therefore, they requested to reassign the funds to a cognitive skills training group called Breaking Barriers, the upgrading of computer equipment to access State equipment, and to fund the opening of the new Redmond office. In addition, they were requesting funds to provide start-up and capital purchases for a job skills training program. Commissioner Schlangen questioned if there would be problems from the State since funds were being taken from substance abuse and if the substance abuse problem was being met. She also asked if the funds for Redmond were only for start-up. Sue said group meetings were offered for substance abuse and expanded services were provided through the MentalHealth Department. She said the State was aware of the difficulties theyhad in expanding the substance abuse program. During the next planning session, there would be efforts made to continue with the expansion of that program. Sue said that the only program not predominately start-up money was the Breaking Barriers program, which would be to fund a staff person on a temporary, part-time basis. SCHLANGEN: I move that we approve the amendment to the Deschutes County Community Corrections Plan. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF POLICY 93-02-01, TRAVEL AND EXPENSE REIMBURSEMENTS Before the Board was signature of Policy 93-02-01 for travel and expense reimbursements. Mike Maier said the policy had been in force since 1989 and currently in practice but was not in written form. SCHLANGEN: THROOP: VOTE: MINUTES PAGE 7 I move signature of Policy 93-02-01. Second. SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 2-17-93 9. 10. 11. 12. UPDATE ON OREGON INNOVATIONS CENTER 0120-1229 Before the Board was an update from Bob Newhart, Director of the Business Development Center and representative for the Oregon Innovation Center. He gave a general update and presented materials to the Baord (see attached). He said they were presently located in an interim facility at the Redmond Airport and that Tektronics had given five acres of land with an option to purchase another five acres. He said the Center was incorporated and that Central Oregon Community College was heavily involved administratively through the staff of the Business Development Center. Bob described the current services as well as future services (see attached). He said they planned construction on the new center within the year. SIGNATURE OF RESOLUTION 93-011 APPOINTING TOM THROOP Before the Board was Resolution 93-010 appointing Tom Throop as Certifying Officer for the Deschutes County Revolving Loan Program. SCHLANGEN: Move signature of resolution. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES REAPPOINTMENT OF BETTY ARNOLD TO CASCADE VIEW ESTATES, TRACT 2, SPECIAL ROAD DISTRICT Before the Board was reappointment of Betty Arnold to the Cascade View Estates, Tract 2, Special Road District Board of Directors. SCHLANGEN: Move reappointment. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES APPROVAL OF ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of accounts payable vouchers in the amount of $338,843.08. SCHLANGEN: Move approval upon review. MINUTES PAGE 8 2-17-93 13. 14. THROOP: Second. 0120-1230 VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF RESOLUTION 93-012, LIBRARY BOND ISSUE Before the Board was signature of Resolution 93-012 calling for a public hearing on the Library bond issue. Rick Isham said that prior to putting out a general obligation bond measure, the County was required to hold a public hearing and give notice. The public hearing will be March 10, 1993, at 10 a.m. Ralph Delamarter said that $7,985,000 was the budgeted amount which included the costs of facility remodeling or construction in Bend, Redmond, and La Pine. SCHLANGEN: Move signature of Resolution 93-012 calling for the public hearing on March 10 for the library bond issue. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES ADOPTION OF POLICY 93-02-02, CONTINUATION OF SALARY FOR INJURED EMPLOYEES Before the Board was Policy 93-02-02 regarding salary continuation for employees injured in the course of employment. Rick Isham explained that Deschutes County historically supplemented worker's compensation benefits with the difference between their worker's compensation wage replacements and the amount of their monthly salary. He stated the current long-term disability coverage now had a waiting period. He explained that after the employee was entitled to long-term disability insurance benefits, the employee would receive long-term benefits in lieu of sick leave benefits. Rick also explained that for elected officials who did not receive sick leave, it would provide a salary supplement. SCHLANGEN: THROOP: VOTE: MINUTES PAGE 9 Motion to adopt policy 93-02-02. Second. SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 2-17-93 0120-1231 15. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND FALL RIVER ESTATES SPECIAL ROAD DISTRICT Before the Board was signature of an intergovernmental agreement between Fall River Estates Special Road District and Deschutes County. Rick Isham explained that in order to provide legal services to their board, the County needed to enter into an intergovernmental agreement. The County would provide legal services for the sole purpose of filing and prosecuting a confirmation proceeding relating to confirmation of the November 31 1992, election wherein electors voted to form the district and adopt an initial tax base. SCHLANGEN: I move signature of the intergovernmental agreement. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 16. SIGNATURE OF CONSERVATION EASEMENT FOR THE DEVINES Before the Board was signature of a conservation easement for the DeVines for property located adjacent to a man-made canal servicing the Deschutes River located on Wood Duck Drive. SCHLANGEN: I move signature of conservation easement. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 17. SIGNATURE OF TAX REFUND Before the Board was signature of tax refund Order 93-072. SCHLANGEN: I move signature of tax refund Order 93-072. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 18. SIGNATURE OF CODRA INDEMNITY AGREEMENT MINUTES PAGE 10 2-17-93 0120-1232 Before the Board was signature of an indemnity agreement for the Central Oregon Desert Racing Association for an off-road car race to be held on March 6, 1993. SCHLANGEN: I move signature of indemnity agreement. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 19. DECISION ON CONDITIONAL USE PERMIT FOR A LIVESTOCK ARENA AND MINOR PARTITION TO DIVIDE A 20 -ACRE PARCEL INTO TWO, 10 -ACRE PARCELS IN A MUA 10 ZONE Before the Board was a decision on a conditional use permit for a livestock arena and a minor partition to divide a 20 - acre parcel into two, 10 -acre parcels in an MUA-10 zone. Rick Isham stated the application for the conditional use permit for Denise Moody had been withdrawn according to the letter from the applicant's attorney, but the application for partition was not withdrawn and was before the Board. George Read provided a brief staff report. He stated the question on the partition was one of whether the parcel was suited for the intended use. He said that since the conditional use had been withdrawn the question was what the permitted use was. He stated that the conditions on the hearings officer would still be the conditions that would stay with this approval. He said it would be important to say which conditions would go with the partition and which would not. Rick Isham asked if a new decision would be drafted if the Baord approved. George stated that could be done. Commissioner Schlangen asked if any use for the land, i.e., building a home, would require a permit. She stated that would be another opportunity for the County to monitor the use and questioned why the Board needed to make a decision today. Commissioner Schlangen also asked if the Board could include a "home only" condition in the decision if the hearings officer approval was upheld. George responded that if the Board indicated this was their intent, the findings could be done to support that decision. Chair Throop stated the staff reports were clear and that he believed the proposed use was suitable for the parcels that would be created. He said he had moved from a position of supporting some version of the conditional use permit and opposing the partition, to supporting the partition because there was no longer a conditional use permit which would have had the much larger and pervasive use. He said the partition MINUTES PAGE 11 2-17-93 0120-1233 probably did have some impact on the future use of the parcel that had the large farm building and that he felt that was the direction the applicant wanted to go. SCHLANGEN: I'm ready to make a motion then that we uphold the hearings officer's finding on granting the partition with the condition of approval as they fit this particular piece of the partition, and requesting staff submit findings and decision with the intent to support the record for us. We'll let you craft that. THROOP: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 20. APPOINTMENT OF JANE SCHOREDER AS ALTERNATE TO CENTRAL OREGON INTERGOVERNMENTAL COUNCIL BOARD Before the Board was the appointment of Jane Schroeder to the Central Oregon Intergovernmental Council Board of Directors as an alternate for Jess Butler representing the unemployed and underemployed of Deschutes County. SCHLANGEN: Move appointment. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES DATED this day of , 1993, by the Board of Commissioners of Deschutes County, n:, ATTEST: Re ording Secretary MINUTES PAGE 12 2-17-93 Nancy P9&1 S s \j P -, B. H. Slaughter, Commissioner