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
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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
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P -,
B. H. Slaughter, Commissioner