1993-45708-Minutes for Meeting November 10,1993 Recorded 12/14/199393-4570S
MINUTES
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
November 10, 1993
Chair Tom Throop called the meeting to order at 10:03 a.m. Board
of Commissioners in attendance were Tom Throop, Nancy Pope
Schlangen, and Barry Slaughter. Also in attendance were Rick
Isham, County Counsel; Susan Mayea, Support Services Manager; Larry
Rice, Public Works Director; Brian Harrington, Planner; Dale Van
Valkenburg, Planner; Brad Chalfant, Property Manager; George Read,
Planning Director; Florence Torrigino, Health Department Director;
Karen Green, Community Development Department; Sue Stoneman,
Support Services Manager; Ed Pecoraro, Planning; Dennis Maloney,
Community Corrections Director; Bruce White, Assistant Legal
Counsel; and Mike Maier, County Administrator.
1. CONTINUED PUBLIC HEARING: ON ESTABLISHING SYSTEM DEVELOPMENT
CHARGES, ORDINANCE NO. 93-051 SYSTEM DEVELOPMENT CHARGES
GENERIC ORDINANCE, RESOLUTION NO. 93-104, ADOPTION OF PARK
SYSTEM DEVELOPMENT CHARGES, ORDINANCE NO. 93-054 TITLE 17
CHANGES TO ACCOMMODATE SYSTEM DEVELOPMENT CHARGES, AND
INTERGOVERNMENTAL AGREEMENT WITH BEND METRO PARKS
Before the Board was a continued public hearing on Ordinance
No. 93-051 System Development Charges generic ordinance,
Resolution No. 93-104, adoption of Park System Development
Charges, Ordinance No. 93-054, Title 17 changes to accommodate
system development charges, and Intergovernmental Agreement
with Bend Metro Parks.
Karen Green, Community Development Director, George Read,
Planning Director, and Bruce White, Assistant Legal Counsel,
presented the staff report.
Bruce White reported the proposed base System Development
Charges were as follows:
$740 per unit per single family
$530.60 per unit for multi -family
$280 per room for hotels/motels
This was based on the study that was done for Bend Metro
Parks.
Bruce White reported a system development charge is to make
new construction help pay for capital improvements.
Chair Throop opened the public hearing.
Kent Mills, Bend Metro Park & Recreation Budget Committee
member, testified in support of the system development charges
for parks. He felt the objective of the system development
1993
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charge was to ensure that fair and equitable financing was
available to support needed capital additions. He reported
the funds will be deposited and maintained in a separate
account, subject to an annual audit, and will show the total
amount of revenue collected and the projects that were funded.
Dennis Luke testified in support of the system development
charges. He felt the Board of Commissioners should keep
control of the funds. He felt the county would be liable in
any case because they would be the collector of the tax. He
suggested the Board of Commissioners review Senate Bill 122.
Chair Throop asked Dennis Luke if it was the legislatures
intent to take activities that were underway on November 4,
effective date of Senate Bill 122, and require them to start
over. Chair Throop felt that Senate Bill would apply to new
activities but not to require the activities in process to
start over.
Dennis Luke felt the county was okay on the notice
requirement. He felt that section 21 of Senate Bill 122 was
very clear. He also felt that any system development charges
ordinance needed to include those provisions of Senate Bill
122.
Eileen Woodward, Bend Metro Park & Recreation Board member,
testified in support of the system development charges. She
felt the definition of the expenditures was very narrow and
clear about what could be included.
John Simpson, Bend Metro Park & Recreation Park Design
Manager, testified in support of the system development
charges.
There being no further testimony, Chair Throop closed the
public hearing. The written record will be left open to
accept written testimony until November 17, 1993, at 4:30 p.m.
A preliminary decision will be made at the Monday, November
29, 1993, meeting.
2. DECISION ON AN APPEAL OF TERMINATION OF RONALD FRANK
Before the Board was an appeal of termination by Ronald Frank,
Assessor's Office. Mike Maier reported a hearing of the
appeal of termination for Ron Frank had been held on November
1, 1993, at 2:30 p.m.
SCHLANGEN: I'll make a motion at this time that we uphold
the Assessor's termination of this employee.
SLAUGHTER: I'll second that.
MINUTES PAGE 2 NOVEMBER 10, 1993
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VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
3. SIGNATURE OF BARGAIN & SALE DEED AND QUITCLAIM DEED TO RONALD
AND LOIS RICHARDSON
Before the Board was signature of a Bargain & Sale Deed and
Quitclaim Deed to Ronald and Lois Richardson. Bruce White
reported these deeds would be for an exchange of a parcel of
property along Brookswood Boulevard for right-of-way.
SCHLANGEN: I'll move signature of Bargain & Sale Deed and
Quitclaim Deed for Mr. & Mrs. Richardson.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
4. APPROVAL OF REPRICING OF LAPINE INDUSTRIAL PARK PROPERTY
Before the Board was approval of the repricing of LaPine
Industrial Park property.
SCHLANGEN: I move approval of the LaPine Industrial Park
package.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
5. PUBLIC HEARING• ON ORDINANCE NO. 93-057, AMENDMENT TO TITLE
17 REGARDING ROAD STANDARDS
Before the Board was a public hearing on Ordinance no. 93-057,
amendment to Title 17 regarding road standards.
Chair Throop opened the public hearing. There being no
testimony, Chair Throop closed the public hearing.
SCHLANGEN: I move first and second reading of Ordinance
No. 93-057, by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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Chair Throop performed the first and second reading of
Ordinance No. 93-057, by title only.
SCHLANGEN: I move adoption.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. PUBLIC HEARING: ON MP -92-60 AND CU -92-204 FOR BIG FALLS RANCH
COMPANY
Before the Board was a public hearing on MP -92-60 and CU -92-
204 for Big Falls Ranch Company. Dale Van Valkenburg reported
this was a for a minor partition to create three large farm
parcels.
Bob Lovlien, attorney for Big Falls Ranch Company, reported
the applicants are appealing the Hearings Officer's condition
to dedicate access road and improve it. The applicant does
not want a public road through the middle of his ranch. The
request for three parcels is due to multiple owners.
Rex Barber, applicant, testified that he was here to get
permission to build a home on his property. He stated that he
did not understand the Hearings Officer's decision to have his
driveway made into a new dedicated road when the tax lot has
over 800 feet of frontage on an existing county road. He felt
the Hearings Officer's decision to require his driveway be
made a dedicated public easement would multiply the problem
they have with unwanted trespassers and vandals. He asked
that the Board drop the condition of public access on his
driveway.
Eileen Woodward testified regarding a concern for public
access. She recommended public access and a conservation
easement to the Deschutes River.
There being no further testimony, Chair Throop closed the
public hearing. No written testimony will be accepted after
this date. The decision will be made November 24, 1994, at
the regular Board meeting.
7. DECISION: ON AN APPEAL BY THE LIGHTHARTS OF THE HEARINGS
OFFICERS DECISION OF DENIAL FOR A CONDITIONAL USE PERMIT AND
NONFARM PARTITION IN AN EFU ZONE
Before the Board was a decision on an appeal by the Lightharts
of the Hearings Officers Decision of denial for a conditional
use permit and nonfarm partition in an EFU zone.
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Commissioner Throop supported upholding the Hearings Officer's
decision.
Commissioner Slaughter stated he would allow the partition.
Commissioner Schlangen felt the land was generally unsuitable
for farm crops. She would support the partition.
SCHLANGEN: I move denial of the Hearings Officer's
decision and adopt the staff report with the
addition of a ten foot right-of-way to Harter
Road.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: NO
8. SIGNATURE OF RENEWAL CONTRACT FOR SERVICES WITH SPECIAL ROAD
DISTRICT #1 FOR SNOW REMOVAL SERVICES
Before the Board was signature of a renewal contract for
services with Special Road District #1. Larry Rice reported
this was an annual agreement with a maximum of $2,500 for the
term of the contract for snow removal services.
SCHLANGEN: I move signature of renewal contract for
services with Special Road District #1 for
snow removal.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
9. AWARD OF SUPPLYING AND INSTALLING THREE CHAIN LINK CANTILEVER
GATES AT THE PUBLIC WORKS YARD COMPLEX
Before the Board was award of supplying and installing three
chain link cantilever gates at the Public Works yard complex.
SCHLANGEN: I move approval of award for supplying chain
link fence to Mike Smith's.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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10. SIGNATURE OF ACCEPTANCE OF WARRANTY DEED FOR RIGHT-OF-WAY
ACQUISITION ON POWERS _ROAD
Before the Board was signature of an acceptance of a warranty
deed for right-of-way on Powers Road.
SCHLANGEN: I move acceptance of warranty deed.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF ORDER NO. 93-213, CHANGING THE NAME OF A PORTION
OF WARD ROAD TO GROFF ROAD
Before the Board was signature of Order No. 93-213, changing
the name of a portion of Ward Road to Groff Road.
SCHLANGEN: I move signature of Order No. 93-213.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF CONSERVATION EASEMENT FOR THE DRAPERS FOR
PROPERTY ADJACENT TO THE DESCHUTES RIVER ON MERGANSER DRIVE
Before the Board was signature of a conservation easement for
the Drapers for property adjacent to the Deschutes River on
Merganser Drive.
SCHLANGEN: I move signature of conservation easement.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. SIGNATURE OF FINAL PLAT FOR NEWBERRY VILLAGE SUBDIVISION IN
REDMOND
Before the Board was signature of a final plat for Newberry
Village subdivision in Redmond.
SCHLANGEN: Move signature of plat.
SLAUGHTER: Second.
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VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
14. APPROVAL OF ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$243.086.24
Before the Board was approval of accounts payable vouchers in
the amount of $243, 086.24.
SCHLANGEN: I move approval upon review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
15. SIGNATURE OF CHAIR ON LETTER TO CAPITOL HEALTH CARE
Before the Board was signature of a letter to Capitol Health
Care requesting fees for service to be reimbursed at the usual
and customary rate.
SCHLANGEN: I move Chair's signature of letter to Capitol
Health Care.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
16. SIGNATURE OF AGREEMENT WITH BROTHERS SCHOOL DISTRICT FOR THE
1993/94 SCHOOL YEAR
Before the Board was signature of an Agreement with Brothers
School District for the 1993/94 school year. Florence
Torrigino reported this was a Memorandum of Understanding
between Deschutes County Health Department and Brothers School
District for the 1993-94 school year for school nursing
services.
SCHLANGEN: I move chair's signature of agreement.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
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17. SIGNATURE OF CHAIR ON RURAL HEALTH PROJECT PROPOSAL
Before the Board was chair signature on the Rural Health
Project Proposal. Florence reported this was for the purchase
of a new microscope in the amount of $4,435.00.
SLAUGHTER: I would move approval and signature on Rural
Health Project Proposal.
SCHLANGEN: I'll second that motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
' 18. SIGNATURE OF ORDERS NO. 93-177, 93-178 AND 93-179, AUTHORIZING
THE REFUND OF TAXES
Before the Board was signature of Orders No. 93-177, 93-178,
and 93-179, authorizing the refund of taxes.
SCHLANGEN: I move signature of Orders No. 93-177, 93-178,
and 93-179, authorizing the refund of taxes.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
19. SIGNATURE OF MYLAR FOR CHAMPION RIDGE, PHASE III
Before the Board was signature of mylar for Champion Ridge,
Phase III.
SLAUGHTER: I move approval of signature on mylar for
Champion Ridge.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
20. AUTHORIZATION OF SALE OF TANGLEWOOD TO GLENCO, TRANSFER OF
REED MARKET OBLIGATION FOR REED MARKET IMPROVEMENT
Before the Board was authorization of the sale of Tanglewood
to Glenco, and transfer of Reed Market obligation for Reed
Market Improvement.
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0128-1006
SCHLANGEN: I move approval of sale of Tanglewood to
Glenco and transfer of the Reed Market
obligation.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
21. SIGNATURE OF ORDER NO. 93-220, TRANSFERRING CASH WITHIN THE
DESCHUTES COUNTY 1993/94 BUDGET
Before the Board was signature of Order No. 93-220,
transferring cash within the Deschutes County 1993/94 budget.
SCHLANGEN: I move signature of Order No. 93-220.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
22. APPROVAL OF APPOINTMENT OF NORMAN PETERSON AS ALTERNATE TO
BOARD OF EQUALIZATION
Before the Board was appointment of Norman Peterson as an
alternate to the Board of Equalization.
SCHLANGEN: I move appointment of Norman Peterson as
alternate to the Board of Equalization.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
23. NOMINATION OF BARRY SLAUGHTER TO THE OREGON CONSORTIUM BOARD
OF DIRECTORS
Before the Board was nomination of Barry Slaughter to the
Oregon Consortium Board of Directors.
THROOP: I move we nominate Barry Slaughter as
Deschutes County representative to the Oregon
Consortium Board of Directors.
SCHLANGEN: I will second that motion.
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VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
24. APPOINTMENT OF PAUL BLIKSTAD TO THE BEND AIRPORT AD HOC
COMMITTEE
Before the Board was appointment of Paul Blikstad to the Bend
Airport Ad Hoc Committee.
SCHLANGEN: I move approval of appointment of Paul
Blikstad to the Bend Airport Ad Hoc Committee
subject to his approval.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DATED this 16 f6 day of )' , 1993, by the
Board of Commissioners of Deschutes County, Oregon.
AT T:
Lz
Recording Secretary
/0
pop, JChair
Com,
Nancy Pope $chl,*ngen, Commissi
Barry H. Slaughter, Commissioner
MINUTES PAGE 10 NOVEMBER 10, 1993