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1995-04503-Minutes for Meeting December 21,1994 Recorded 1/24/1995EI' 95-04503 4 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS =y Wednesday, December 21, 1994 cv Chair Schlangen called the meeting to order at 10:02 a.m. Board of County Commissioners in attendance were Nancy Pope Schlangen and Barry H. Slaughter. Also in attendance were Rick Isham, Legal Counsel; Mike Maier, County Administrator; Brad Chalfant, Property Management Specialist; Larry Rice, Public Works Director; Ralph Delamarter, Librarian; Brian Harrington, Planner; and Paul Blikstad, Planner. CONVENE AS 9-1-1 SERVICE DISTRICT GOVERNING BODY: 1. CONSIDERATION OF SIGNATURE OF EQUIPMENT PURCHASE EXEMPTION PROPOSAL Before the Board was signature of an equipment purchase exemption for 9-1-1. Rick Isham stated there was a resolution declaring the exemption that would authorize the purchase of the 9-1-1 computers. SLAUGHTER: I would move signature for equipment purchase for exemption proposal for 9-1-1. SCHLANGEN: I second the motion for signature of Resolution 94-125. VOTE: SLAUGHTER: Yes. SCHLANGEN: Yes. RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS 2. CONSENT AGENDA: Consent agenda items before the Board were 2) signature of resolution exempting certain service contracts from competitive bidding requirements and signature of contract for services with Hap Taylor & Sons; 3) approval of union contract due to expire December 31, 1994; 4) request for out-of-state travel for training in San Diego for CJ Anderson; 5 ) signature of software license agreement & a license agreement with Gary L. Huffer & Company; 6) signature of Order 94-171 disbursement of 8 percent park development funds; 7) signature of contract for land survey services with Bob Karl for lot line adjustment - t 1995 179,9 01,38-0493 for lots 1 & 2, block 2, La Pine Industrial Park; 9 ) minor partition request to divide a 170 acre parcel into three parcels containing one 90 acre parcel and two 40 acre parcels in the RR-10/WA zone for -Larry Atkins. SLAUGHTER: I would move approval of items 2 through 7 and 9 on the consent agenda. SCHLANGEN: Second. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 3. CONSIDERATION OF KENT BALLARD REQUEST FOR FINAL PLAT APPROVAL TO CREATE A 1.02 ACRE, 1.04 ACRE, & A 3.41 ACRE LOT IN AN RSR - 5 ZONE. Before the Board was final plat approval for Kent Ballard. Rick Isham stated that this plat needed to be approved conditionally upon participation of the lender in subordinating their interest in the declaration of dedication. He said it could be approved conditional with the declaration of dedication being superior to the banks interest. SLAUGHTER: I move that we approve final plat approval with conditions for RSR -5 zone, condition on the declaration of property. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: Yes. SCHLANGEN: Yes. 4. CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN BEND GARBAGE COMPANY INC. & DESCHUTES COUNTY DEPARTMENT OF PUBLIC WORKS FOR PURCHASE OF PRESENT RECYCLING CENTER LOCATION. Before the Board was approval of an agreement between Bend Garbage Company Inc. and Deschutes County to purchase the present recycling center location. Dick Maudlin, 64515 Bend -Redmond Highway, Bend, Oregon said that the recycling center did need enlarging but that the County should not be buying it as it would be too expensive. He said it was a "bad deal" for both Bend Garbage and the County residents as the cost might be as high as $1,500,000 and the county would need to sell bonds or certificates of participation which would require rates to be raised. He said the last raise in tipping fees was a result of recycling fees. He said that the Bend Garbage Company had a 20 -year investment in a facility that could be operated without cost to the Minutes; 12/21/94 county. 0138-a0094 Dick said Bend Garbage had owned a business during the past 5 years which they have had no control over. He outlined how the county had made a separate arrangement with the Bend Recycling Team which allowed them to operate the program and be reimbursed for their losses. He said that in 1993-94, Deschutes County paid the Bend Recycling Team $180,000 and in addition paid $30,000 for education. He was not opposed to the cost of recycling education but questioned paying $200,000 when the county did not have to do so and felt it was wrong for the county to make this purchase. He felt the county could do mandated recycling through a rental agreement with Bend Garbage Co. and that an agreement could be written so mandates could be met. He said there would be no need for increased rates as the Bend Garbage Company would operate and contract out. Bruce Bailey, president of Bend Garbage and Recycling Company, stated that there had been difficulty over the years in making improvements to the facility because they no longer had operational responsibility. He said they had made an offer to the Board to make improvements in October of 1993 but the proposal was never acted upon by the Board. He said under Commissioner Schlangen's leadership a meeting was conducted with all the interested parties and that it was determined that Bend Garbage Co. would sell their license in the facility to the County and that the County would then contract with BRT to operate the facility and the County would assume the responsibility for making improvements. He said he would honor his agreement because he understood it was the wishes and direction the County wanted to go. He said he would also consider other proposals. Chair Schlangen stated that she was of the understanding that last spring's agreement was what the haulers and the Bend Recycling Team (BRT) wanted and that it was decided the Bend Recycling Team was the best one to run it. Mr. Bailey said the agreement had been signed and that he was happy with it but if there were other options, he would be glad to pursue them. Commissioner Slaughter said he was afraid they were making too quick a decision and that he wished to look at this again with greater thoroughness. Chair Schlangen disagreed and said the agreement had come about after several months of discussion. She said that since Mr. Bailey did not wish to change anything that was agreed upon and was happy with the purchase price, Minutes; 12/21/94 she wanted to move ahead. 0138-0095 Commissioner Slaughter asked Bruce Bailey if he was comfortable with this. Bruce said that once they no longer had control of the facility they would not have the degree of control necessary to make the expansions they desired. He said the issue still present was the payment of material in order to offset rates and that the only issue was how that was to be accomplished. He said what was signed was a letter of intent which laid out a payment method. He said the new Board would ultimately have to approve the purchase agreement and said that the issue could not be resolved during the past meetings. If that cost issue could be resolved, it would be a workable proposal. Mr. Bailey said he negotiated from the standpoint that it was the county's wishes for him not to provide the recycling services but if there were other issues he would be happy to look at them. Chair Schlangen said the Board had until March 1 of 1995 to look at the fair market values. Commissioner Slaughter said it should be put aside until we can look at it again between now and March. Mr. Bailey said the agreement was written as a letter of intent and that the purchase would not take effect until the Board proposed a purchase agreement. Larry Rice said some terms in the lett clarification --particularly the question for on -route purchase of recyclables a purchase. He said the signing of the contingent upon defining the fair process was ready to go and if it meeting, the next phase would be t in the letter of intent plus some Mike Maier asked if the Boar directions. Larry Rice responded not to enter into the contract. Board er of int of fair m s well as contract ant needed ma value commodity would be said that t today's ngencies market value. He were approved a o remove any conti ordinance changes. could decide to change that the Board could decide SLAUGHTER: I would move approval of the Bend Garbage Company and Department of Public Works with some reservations, recycling center location. SCHLANGEN: Minutes; 12/21/94 I second the motion. SLAUGHTER: YES. SCHLANGEN: YES. agreement between Deschutes County for the purchase, of the present 0138-0096 5. DECISION: REGARDING BLACK DOG KNOWN AS "GRIZZLY" ACCUSED OF CHASING LIVESTOCK Before the Board was a decision on a dog chasing livestock. Chair Schlangen explained that Commissioner Throop had not returned to Deschutes County to hear this case. Commissioner Slaughter stated that he felt there was doubt about whether the dog chasing the livestock was Grizzly as there was a reference about it being so dark nothing could be seen as well as doubt about some of the findings of the veterinarian who performed the stomach contents check. Therefore, Commissioner Slaughter was not convinced that this dog was guilty and did not see a reason to condemn based on this evidence. Chair Schlangen disagreed stating that 33 sheep had been damaged or killed. She said the dog had been identified by two people and tracked to his home and that any time an animal was damaging livestock state law gave no choice. She had no question in her mind that this was the dog. Commissioner Slaughter requested putting this aside until January. Commissioner Schlangen pointed out that the dog was still being housed. Rick Isham stated that the cost would be paid by the County from the point where the decision was unable to be rendered. He also felt that in order to render a decision with the new commissioner, the hearing on the record would need to be reopened. He said a transcript from the prior hearing had been prepared and would be available at the proceeding and the record would be opened for new information. Commissioner Slaughter stated that this was a matter of life or death for the dog and felt the matter needed to be postponed until January. SLAUGHTER: I would move that we put this off until we gain another county commissioner. The date was set for Wednesday, January 11, at 1:30 in the Commissioners' Conference Room of the Administration Building. The Legal Department was to issue notice of the new hearing. Mr. Kemnitz came forward with a question on procedure. He said that other dogs were being put to sleep because of space problems and he asked for a speedy hearing. Rick Isham explained that with a new member on the Board it would be reopened for additional evidence, which would be limited, and if a decision was not rendered on January 11, the charges would probably need to be dropped. Mr. Kemnitz was Minutes; 12/21/94 0138-009'7 told that he could not take the dog home during this time. 6. PUBLIC HEARINGS: ON FORMATION OF LIBRARY SERVICE DISTRICTS Before the Board was a public hearing on Order No. 94-160, the formation of the Redmond Library Service District; Order No. 94-161, the formation of the Bend Library Service District; Order No. 94-162, the formation of the Sisters Library Service District; Order No. 94-163, the formation of the La Pine Library Service District; and Order No. 94-164, the formation of the Sunriver Library Service District. Chair Schlangen opened the public hearing which covered all five of the orders regarding the formation of the library service districts. There was no testimony from the audience. Rick Isham stated that the purpose of the hearing was to determine whether or not one hundred or more persons within the district desired to have an election on the question of formation. He stated that no requests for elections had been received. He also said that the boundaries had been determined at the prior hearing. Being no testimony, the consolidated public hearing was closed by Chair Schlangen. SLAUGHTER: I move approval of 94-160, formation of the Redmond Library Service District. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES SLAUGHTER: I would move the approval of Order 94-161, the formation of the Bend Library Service District. SCHLANGEN: I second the motion for signature. VOTE: SLAUGHTER: YES SCHLANGEN: YES SLAUGHTER: I would further the approval of Order 94-162, the formation of the Sisters Library Service District. SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES SLAUGHTER: I would move approval of Order 94-163, formation of the La Pine Library Service Minutes; 12/21/94 District. 0138-0098 SCHLANGEN: I second the motion for signature. VOTE: SLAUGHTER: YES SCHLANGEN: YES SLAUGHTER: And last, I would move the approval of Order 94-164, the formation of the Sunriver Library Service District. SCHLANGEN: I second the motion for signature. VOTE: SLAUGHTER: YES SCHLANGEN: YES 7. PUBLIC HEARING: ON COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSALS Before the Board was a public hearing to consider community development block grant proposals. Drew Foster, Central Oregon Intergovernmental Council, provided background information by saying that a public hearing was part of a process for the State of Oregon's community development block grants and that it was a housing, urban development grant program through the state administered through the Oregon Economic Development Department. He said there were $60 million available in community development block grants and that this was the initial hearing for the competitive area which has four primary areas. He said three areas were community facilities, housing rehabilitation, and disabled accessibility. Additionally there was technical assistance money available for projects not quite ready to go forward. He said that Deschutes County had two open grants; one for the LaPine Community Center and one for the Terrebonne Water District. Drew said the first hearing was to bring in any projects that might be present for the BOCC to hear and the county to decide if they were going to support. He said these grants were due between January 30, 1995, and February 3, 1995. He said the next meeting would need to be in January. Chair Schlangen opened the public hearing. Joe LaCoss, St. Vincent DePaul of Central Oregon, came forward to ask for a social services facility to take care of needy people. Said they were involved with COCAAN to provide services and that they were looking at constructing a building to provide service to needy peoples. The facility will be located near the new movie theater and the property has been acquired. Minutes; 12/21/94 0138-0099 Gerald Rust, 52724 Elm Drive, (POB 2085), La Pine, presented a request for a grant on behalf of the LaPine Senior Citizens. He said the Senior Center was inadequate at this time and they were requesting a new building and were asking the maximum $10,000 for technical assistance for engineering and architectural assistance. He said the LaPine Seniors would commit $5,000 into the project as well and that they would like to begin advertising for architectural drawings. Gerald said no location had been determined. Chair Schlangen stated this was high on the Board's priority list but that number one was La Pine sewer and water and questioned whether this should come before technical assistance for sewer and water. Chair Schlangen asked that Drew Foster work with Mr. Rust on whether they could get technical assistance without water and sewer. Mr. Foster said the state would take that into consideration if they were going forward at the same time and they could go together. He said they would not need to wait. Mr Rust added that on December 20 there were 105 people seated at the meal site and that people left because of lack of space. Being no further testimony, the public hearing was closed. 8. CONSIDERATION OF SIGNATURE OF AGREEMENT WITH COIC FOR ADMINISTRATION OF REGIONAL STRATEGIES PROGRAM Before the Board was consideration of an intergovernmental agreement for Round 4 of the Oregon Regional Strategy Program. He said there had been a request for proposals and there were two responses. He explained that this intergovernmental agreement would allow them to sign a contract with the state to release the funds for the nine projects chosen by the Regional Strategies Board. He said the agreement was an update and that under the guidance of the legal department, language had been changed and roles clearly defined. He said presently there was not enough money to report all the way through the next biennium, which would be through June, 1997. He said it would take an additional $38,000 to $42,000 for the added two year period. Commissioner Slaughter said the Regional Strategy process was cumbersome and needed to be fixed and suggested that Mr. Foster meet with the legislators to improve the system. SLAUGHTER: I would move signature on agreement with Central Oregon Intergovernmental Council for administration of the Regional Strategies Program. SCHLANGEN: Second. VOTE: SLAUGHTER: YES. Minutes; 12/21/94 0138-0100 SCHLANGEN: YES. 9. CONSIDERATION OF PROCEEDING TO CONDEMN REAL PROPERTY UNDER RESOLUTION NO. 94-054, OR RESCIND RESOLUTION (BLUE SPRUCE MOTEL) Before the Board was consideration of proceeding to condemn real property under Resolution 94-054 or to rescind the resolution. Chair Schlangen stated that since Commissioner Tom Throop had resigned she would like to continue this into January when the new commissioner would be present. Commissioner Slaughter said that he would like to get the matter over with but would agree to continuing until January. He felt the same thing would happen in January as condemnation was not for this kind of a thing. Rick Isham said the only new issue was that a complaint was filed last Thursday (after this item was submitted for the Board agenda) that challenged the issue of whether or not it was a county road or a city street. He said the county might need to resolve the issue of whose street it was and that this might make a difference. He said it appeared that there might have been a split vote but he did not know that for sure since no vote was taken. He said it was scheduled because Commissioner Tom Throop was to be present but one week prior to this meeting the County had received a letter threatening litigation. Therefore, Commissioner Throop had decided not to attend this meeting and to resign. Rick Isham also said he had sent a letter to Commissioner - Elect Bob Nipper asking if he wanted to sit down and discuss this issue but had not received a response to the letter. Rick referred to the Blue Spruce advertisement in the newspaper which seemed to infer that Commissioner -elect Nipper had some feelings one way or the other on this but Rick did not know what those feelings were. He said that if this were set forward, the issues of litigation could be discussed fully during the Board retreat when Commissioner -elect Nipper would then be in office. SLAUGHTER: SCHLANGEN: Minutes; 12/21/94 I would like to move that we drop the condemnation from the proceedings with regard to the Blue Spruce Motel. We have not proceeded with condemnation. We have only signed a resolution that you 0138-0101 seconded the motion on. We have nothing before us for condemnation. We have the resolution that was signed by all three of us. Is that what you wish to rescind? SLAUGHTER: I would just move remove Resolution 94-054 from our agenda. There was further discussion with Rick Isham explaining that in order to rescind a resolution, a resolution would need to be adopted. He explained that the Board could move to adopt a resolution rescinding Resolution 94-054. SLAUGHTER: I would so move then. SCHLANGEN: I think it is going to die for lack of second. I would like to wait until all three are here. SLAUGHTER: All right. This matter was continued to Wednesday, January 18, at 10 a.m. 10. CONSIDERATION OF APPOINTMENT TO THE DESCHUTES COUNTY BUDGET COMMITTEE Before the Board was consideration of an appointment to the Deschutes County Budget Committee. There were a number of names under consideration. Commissioner Slaughter stated he had contacted one of the potential candidates, Mr. Nelson, and was told that he was no longer interested. He also stated he was unable to contact the other two names that he had. Chair Schlangen said she wanted to move ahead at this meeting with an appointment and reaffirmed her wish to reappoint Mike Dalessi as he had served for three years. Commissioner Slaughter said he had been of the understanding that Mr. Dalessi was no longer interested. Chair Schlangen said Mr. Dalessi had expressed a desire to serve. She felt he should be appointed since he had knowledge and experience, especially in the light that the other two appointees had very little experience or background. Commissioner Slaughter asked for the opinion of Mike Maier. Mike Maier said that the top of the list was Mr. Nelson but that Mr. Nelson did not wish to serve. Mr. Maier expressed concern because of a "very green" budget committee and he felt a veteran was needed on this committee. He felt it would be to the advantage of the Board to have Mike Dalessi because of his three years of experience. Commissioner Slaughter agreed Minutes; 12/21/94 0138-0102 and felt Mike Dalessi would be a good candidate. SLAUGHTER: I nominate Mike Dalessi for appointment to the Deschutes County Budget Committee. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 11. CONSIDERATION OF CLARIFICATION OF BOARD'S DECISION ON DAVID YOUNG APPEAL Before the Board was clarification of the Board's decision on the appeal of David Young of a 178 -lot subdivision on Eagle Road. Chair Schlangen explained that this matter was concerning the curb on the east side and that it should be deleted as a condition. Rick Isham explained that this had been a clerical error and that he had talked with Paul Blikstad about this matter. He said the Board's decision did not intend to include this requirement. He said the applicant did not understand that it was in the document and that there was nothing in the record to support it. He said it came about because of a comment in the Hearings Officers decision. He also said this could be a County Commissioner decision not an administrative proceeding and that there was a question as to whether or not that would put the whole of the decision back at issue or just the condition that had been corrected. He said the original decision was not appealed and that it was unlikely this would result in appeal. Paul Blikstad said Mr. Young had discussed this matter with him on December 20 and that he was given two options. One was what Rick Isham had just described and the other was allowing Mr. Young to file for a modification of conditions, pay a fee, and have a 21 day appeal period. He took the first choice offered by Paul stating that he would "risk opening up the whole decision to appeal to LUBA." Rick Isham said there might be no right of appeal. He also said that where there was clearly clerical error there should be leeway with the decision being corrected without opening it up. Chair Schlangen asked if another ordinance was needed. Rick Isham said this was a micro adjustment and would not need an ordinance. Paul Blikstad agreed that the issue did not need to be Minutes; 12/21/94 0138-0103 reopened. Rick Isham said a new letter would be prepared and that it would be ready the following day. SLAUGHTER: I move clarification on Board's decision for David Young appeal for 178 -lot subdivision on Eagle Road to be reconsidered. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 12. CONSIDERATION OF APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $384,478.06. SLAUGHTER: I move approval of weekly accounts payable vouchers on review. SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 13. CONSIDERATION OF SIGNATURE OF ORDER 94-172 AUTHORIZING REFUND OF TAXES Before the Board was signature of Order 94-172 authorizing the refund of taxes in the amount of $42.47. SLAUGHTER: I move approval of signature on Order 94-172. SCHLANGEN: Second. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 14. CONSIDERATION OF SIGNATURE OF ORDER 94-148 AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order 94-148 authorizing the refund of taxes in the amount of $9.987.80. SLAUGHTER: Second: VOTE: Minutes; 12/21/94 I move signature on Order 94-148. I second the motion. SLAUGHTER: YES SCHLANGEN: YES 0138-0104 15. CONSIDERATION OF SIGNATURE OF ORDER 94-149 AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order 94-149 authorizing the refund of taxes in the amount of $1,768.41. SLAUGHTER: I move signature on Order 94-149. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 16. CONSIDERATION OF SIGNATURE OF ORDER 94-150 AUTHORIZING REFUND OF TAXES Before the Board was signature of Order 94-150 authorizing refund of taxes in the amount of $15,830.50. SLAUGHTER: I move signature on Order 94-150. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 17. CONSIDERATION OF REAPPOINTMENT OF JERI ALDEN TO BEND URBAN AREA PLANNING COMMISSION Before the Board was the reappointment of Jeri Alden to the Bend Urban Area Planning Commission. SLAUGHTER: I move reappoint of J. Alden. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. 18. CONSIDERATION OF REAPPOINTMENT OF FRED BECKER TO THE REDMOND URBAN AREA PLANNING COMMISSION Before the Board was the reappointment of Fred Becker to the Redmond Urban Area Planning Commission. Minutes; 12/21/94 SLAUGHTER: I move reappoint of Fred Becker. SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES. SCHLANGEN: YES. DATED this day of 1994, by the Board of Commissioners of Deschutes Cou y, Oregon. / Q Nancy P e chlangen, Cha ATTEST: L% �J" Barry H. Slaughter, Commissioner Rec rding Sebretary Minutes; 12/21/94