1993-45704-Minutes for Meeting October 13,1993 Recorded 12/14/199393-45704
MINUTES _ --
DESCHUTES COUNTY BOARD OF COMMISSIONERS
October 13, 1993
Chair Tom Throop called the meeting to order at 10:03 a.m. Board
of Commissioners in attendance were Tom Throop and Barry Slaughter.
Also in attendance were Greg Brown, Sheriff's Department; Tom
Blust, County Engineer; Rick Isham, County Counsel; Mike Maier,
County Administrator; Darrell Davidson, Sheriff; Brad Mulvihill,
Juvenile Department; Sue Stoneman, Support Services Manager; Sue
Brewster, Assistant County Counsel; Dave Leslie, Planner; and Karen
Green, Community Development Director.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioner's
were 1) acceptance of five warranty deeds for right-of-way
acquisition on Brookswood Boulevard; 2) award of contract to
Eagle Roofing for roofing of Juvenile Building; 3) appointment
of Bob Fisher, Ron Walker, Donald Yeager, and Barry Slaughter
to the 1993-94 Board of Equalization; 4) signature of Order
No. 93-206 adopting a map of the Deschutes River No Shooting
Corridor; 5) signature of Order No. 93-107, amendment to Order
No. 93-193; 6) signature of mylar for Hidden Glen Subdivision,
Phase III; and 7) signature of liquor license renewal for
Tumalo Feed Company.
SLAUGHTER: I would move approval of consent agenda.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
2. PRESENTATION OF SHERIFF'S SPLIT -RATE LEVY
Greg Brown introduced committee members Dan Clinkenbeard, Dave
Haynes and Darrell Davidson. Greg Brown was requesting the
Board of Commissioner's permission to place the split -rate
levy on the ballot on March 22, 1994. This would authorize
the Sheriff's Department to levy $4,850,000 per year for three
years beginning with the fiscal year of 1994/95.
SLAUGHTER: I will then move a split levy be placed on the
March 1994 ballot for a vote, and hopefully it
passing, for the Sheriff's of Deschutes
County.
THROOP: I'll second the motion.
G7` y r;
3.
4.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: INTENTION TO EXCHANGE INTEREST IN REAL
PROPERTY WITH WILLIAM T. AND SHARON L. CRISWELL
Before the Board was a public hearing on the intention to
exchange real property with William T. and Sharon L. Criswell.
Rick Isham reported this exchange was a driveway easement over
and across county property on Johnson Road. There is a
current drive on that property and this will formalize the
easement access across the county property. In exchange for
that the county is receiving a trail and conservation easement
on the Deschutes River immediately adjacent to two properties
owned by the State of Oregon for the Tumalo State Park.
Chair Throop opened the public hearing. There being no
testimony, the public hearing was closed.
SLAUGHTER: I move that the county enter into an exchange
of real property with William T. and Sharon L.
Criswell.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: FOR THE PROPOSED VACATION OF CYPRESS STREET
AND LODGEPOLE DRIVE AND ORDER NO. 93-185 VACATING ABOVE
MENTIONED
Before the Board was a public hearing on the proposed vacation
of Cypress Street and Lodgepole Drive and Order No.93-185
vacating the above mentioned.
Chair Tom Throop opened the public hearing.
James Henderson testified in support of the vacation.
Chair Throop closed the public hearing.
SLAUGHTER: I move the vacation of a portion of Cypress
Street and Lodgepole Drive and the approval of
Order 93-185 vacating the above mentioned
streets.
THROOP: I'll second the motion.
MINUTES PAGE 2 OCTOBER 13, 1993
5.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: FOR THE PROPOSED CAGLE ROAD LOCAL IMPROVEMENT
DISTRICT
Before the Board was the public hearing for the proposed Cagle
Road Local Improvement District.
Tom Blust reported there are thirty-five lots along Cagle
Road. Based on equal assessments, it would come out to $4,655
per lot. He reported 14 remonstrances had been received out
of the 35. It takes a 50% yes vote to continue with the Local
Improvement District.
Chair Throop requested that Rick Isham explain the process of
petitioning for a local improvement district.
Rick Isham reported that 60% or more of the property owners
within the proposed local improvement district must petition
the Board of County Commissioners to initiate the project. At
that point the County accepts that petition and by resolution
initiates the proceedings to improve the public right-of-way
within the local improvement district. The engineer then
develops an estimate of the cost to build the improvement.
Each property owner of record is mailed a notification of the
proposed cost of improvement for each lot and a public hearing
is scheduled. Remonstrances are accepted in writing or orally
at the hearing. If 50% or more of the property owners
remonstrate against the improvement, the improvement may not
be made and the project may not be reconsidered for a period
of one year. If less than 50% of the property owners
remonstrate, the Board of County Commissioners is authorized
to proceed with the improvement.
Chair Tom Throop opened the public hearing.
Ken Mathews testified in opposition of the local improvement
district. He expressed concern about people speeding and
driving recklessly in the area and felt it would be worse if
the road was improved.
Vicky Templeton testified in opposition of the local
improvement district. She provided three additional written
remonstrances to bring the total in opposition to 17. Chair
Tom Throop checked these remonstrances against the list of
property owners. She expressed concern regarding the cost
estimate of the local improvement district being higher than
stated.
MINUTES PAGE 3 OCTOBER 13, 1993
'13. b't-.0 � 4
Kathleen Oneill testified in support of the proposed local
improvement district. She felt the road condition was very
poor and now was the time to take action before the costs
increased.
Kelly Oneill testified in support of the proposed local
improvement district.
Richard Templeton testified in opposition of the local
improvement district. He felt there would be more traffic and
more people speeding if this road was improved.
Marietta Mathews testified in opposition of the local
improvement district. She was opposed to the road improvement
due to people speeding.
Steve Dodd testified in support of the local improvement
district.
Shawna Jeffreys testified in opposition of the local
improvement district.
There being no further testimony, Chair Throop closed the
public hearing.
Tom Blust, County Engineer, reported there were 18 no votes
which was more than 50% of the property owners. There was a
question as to the validity of the signature of the Finches on
a remonstrance.
Chair Throop requested that Vicky Templeton come forward to
state how she received the signature of Mr. & Mrs. Finch on
the remonstrance.
Vicky Templeton stated the signature could be compared with
the signature on the application which was submitted earlier.
Chair Throop reported that there are more than 50% against the
local improvement district.
SLAUGHTER: I move we reject the Cagle Road Local
Improvement District subject to the
verification of the Finches signature.
THROOP: Second.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 4 OCTOBER 13, 1993
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SIGNATURE OF DEVELOPMENT AGREEMENT WITH BEND AGGREGATE &
PAVING FOR SURFACE MINING OPERATION, SP -93-59
Before the Board was the signature of a development agreement
with Bend Aggregate & Paving for a surface mining operation.
Dave Leslie reported this is for an expansion by Bend
Aggregate & Paving.
SLAUGHTER: I would move approval of the development
agreement with Bend Aggregate & Paving for
surface mining operation, SP -39-59.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF ORDINANCE NO. 93-052, ADDING SECTIONS 15.04.125
AND 15.04.126 TO CHAPTER 15.04 BUILDING AND CONSTRUCTION CODES
AND REGULATIONS
Before the Board was signature of Ordinance No. 93-051, adding
sections 15.04.125 and 15.04.126 to Chapter 15.04 Building and
Construction Codes and Regulations.
SLAUGHTER: I would move first and second reading of
Ordinance No. 93-052, adding sections
15.04.125 and 15.04.126 to Chapter 15.04
Building Construction Codes and Regulations.
THROOP: Second.
Chair Throop performed the first and second read of Ordinance
No. 93-052.
SLAUGHTER: I move approval of Ordinance No. 93-052.
THROOP: Second.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF ORDER NO. 93-208 CASH TRANSFERS
Before the Board was Order No. 93-208, Cash Transfers within
the Deschutes County budget.
SLAUGHTER: I move approval of 93-208, cash transfers.
THROOP: Second the motion.
MINUTES PAGE 5 OCTOBER 13, 1993
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $506,030.60.
SLAUGHTER: I move approval of weekly accounts payable
vouchers subject to review.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
10. APPROVAL OF OUT-OF-STATE TRAVEL FOR TOM SLOAN FROM COMMUNITY
DEVELOPMENT
Before the Board was a request for out-of-state for Tom Sloan
from Community Development. Karen Green reported this was a
request for Tom Sloan to go to San Francisco for a conference
on environmental lead.
SLAUGHTER: I would move approval of out-of-state travel
for Tom Sloan.
THROOP: Second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF CONSERVATION EASEMENT FOR ORLEY & DELORES LEWIS
FOR PROPERTY ADJACENT TO THE DESCHUTES RIVER ON ECLIPSE DRIVE
Before the Board was signature of a conservation easement for
Orley & Delores Lewis for property adjacent to the Deschutes
River on Eclipse Drive.
SLAUGHTER: I would move approval of conservation easement
for Orley & Delores Lewis property adjacent to
the Deschutes River.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 6 OCTOBER 13, 1993
12. SIGNATURE OF CONSERVATION EASEMENT FOR RANDY & KATHY GRAVES
FOR PROPERTY ADJACENT TO THE LITTLE DESCHUTES RIVER ON
HUNTINGTON ROAD
Before the Board was signature of a conservation easement for
Randy & Kathy Graves for property adjacent to the Little
Deschutes River on Huntington Road.
SLAUGHTER: I would move approval of conservation easement
from Randy & Kathy Graves for property
adjacent to the Little Deschutes River on
Huntington Road.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
13. SIGNATURE OF ATTORNEY FEE AGREEMENT WITH AL JOHNSON REGARDING
PROPOSED CITY OF SUNRIVER
Before the Board was signature of an attorney fee agreement
with Al Johnson regarding the proposed City of Sunriver.
Rick Isham reported this is a retainer agreement with Al
Johnson to assist the Board in arriving at a final decision on
the Sunriver incorporation. The fee agreement is not to
exceed $7,500.
SLAUGHTER: I would move approval and signature on
attorney fee agreement with Al Johnson not to
exceed $7,500.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
14. SIGNATURE OF MYLAR FOR CHAMPION RIDGE PHASE II
Before the Board was signature of a mylar for Champion Ridge
Phase II.
SLAUGHTER: I move signature on mylar.
THROOP: I'll second that motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 7 OCTOBER 13, 1993
15. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
COUNTIES OF DESCHUTES, JEFFERSON, CROOK AND KLAMATH FOR SOLID
WASTE PLANNING STUDIES
Before the Board was signature of an Intergovernmental
Agreement by and between the Counties of Deschutes, Jefferson,
Crook and Klamath for solid waste planning studies.
SLAUGHTER: I would move approval of Intergovernmental
Agreement by and between Deschutes, Jefferson,
Crook and Klamath Counties for solid waste
planning studies.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: EXCUSED
SLAUGHTER: YES
THROOP: YES
DATED this 13 f/1 day of 1993, by the
Board of Commissioners of Deschut s County, Oregon.
AT
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.
Recording Secretary
TomfThroop) Chair
Nancy Pope Schlangen, Commissioner
Barry H Slaughter, Commissioner
MINUTES PAGE 8 OCTOBER 13, 1993