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1995-04593-Minutes for Meeting January 18,1995 Recorded 1/26/199595~04593 MINUTES 0138`0147 DESCHUTES COUNTY BOARD OF COMMISSIONERS-.-- Wednesday, January 18, 1995'? Chairman Barry H. Slaughter called the meeting to order-at'716 : (2 a.m. Board of County Commissioners in attendance were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Tom Blust, County Engineer; Jana Snowball, 9-1-1 County Service District; Cal Rrosch, 9-1-1 County Service District Director; Darrell Davidson, Sheriff; Andy Crosby, Assistant County Counsel; George Read, Community Development Director; and Rick Isham, County Counsel. Chairman Barry H. Slaughter announced that Al Driver was appointed as the Director of Solid Waste. Larry Rice will remain as Director of Public Works. CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 1. SIGNATURE OF RESOLUTION NO. 9b - DISTRICT LYING IN JEFFERSON COUNTY TO THE DESCHUTES COUNTY 9- 1-1 SERVICE DISTRICT Before the Board was signature of Resolution No. 95-005, regarding the annexation of the portion of the Sisters/Camp Sherman Fire Protection District lying in Jefferson County to the Deschutes County 9-1-1 Service District. SCHLANGEN: I move signature of Resolution No. 95-005. NIPPER: I second it. KEYS ''`;C Y ^6 VOTE: SLAUGHTER. YES Fk1, SCHLANGEN: YES 19g, 9 9, NIPPER: YES 2. SIGNATURE OF RESOLUTION NO 95-012, REGARDING THE DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT COMPUTER UPGRADE Before the Board was signature of Resolution No. 95-012, regarding the Deschutes County 9-1-1 Service District computer upgrade. Jana Snowball reported the hardware purchase had already been completed. This was for the software upgrade. Bob Nipper expressed concern over the public's conception of what goes on at the County level. In the future he wanted the directors to have all in order before coming to the Board. 3. 4. 0138-0148 SCHLANGEN: I move signature of Resolution 95-012. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Regional Strategy Intergovernmental Agreement with COIC; 2) signature of final plat for partition MP -94-31; 3) signature of Conservation Easement for LM -94-238 (Riemer); and 4) approval of out-of-state travel request for library employee. NIPPER: I move approval of the consent agenda items. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF ORDER NO. 95-015, ESTABLISHING ALL OF SEMINOLE CIRCLE AS A COUNTY ROAD Before the Board was signature of Order No. 95-015, establishing all of Seminole Circle as a county road. Tom Blust reported these were concerning two Local Improvement Districts for Seminole Circle and Comanche Circle in Deschutes River Woods. He reported the total cost including construction for Seminole Circle was $62,171. There were twenty-three benefitted lots within that L.I.D. The assessment per lot was $2,703 which was about 12% below the original estimate. Tom Blust reported the total cost on the Comanche Circle Local Improvement District was $40,252. There were fifteen benefitted lots within the L.I.D. with an assessment of $2,683 which was also approximately 12% below the original estimate. SCHLANGEN: I'll make a motion for signature of Order No. 95-015. NIPPER: I'll second it. MINUTES PAGE 2 JANUARY 18, 1995 0138-w0149 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 5. SIGNATURE OF ORDER NO. 95-016, ACCEPTING THE ENGINEER'S ASSESSMENT REPORT, ACCEPTING THE IMPROVEMENT AND SETTING A HEARING ON THE PROPOSED ASSESSMENT OF ROAD IMPROVEMENTS IN SEMINOLE CIRCLE L.I.D. LOCATED IN DESCHUTES RIVER WOODS SUBDIVISION Before the Board was signature of Order No. 95-016, accepting the Engineer's Assessment Report, accepting the improvement and setting a hearing on the proposed assessment of road improvements in Seminole Circle L.I.D. located in Deschutes River Woods Subdivision. SCHLANGEN: I move signature of Order No. 95-016. NIPPER: I'll second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 6. SIGNATURE OF ORDER NO. 95-017, ESTABLISHING ALL OF COMANCHE CIRCLE AS A COUNTY ROAD Before the Board was signature of Order No. 95-017, establishing all of Comanche Circle as a county road. SCHLANGEN: I move signature of Order No. 95-017. NIPPER: I'll second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 7. SIGNATURE OF ORDER NO. 95-018, ACCEPTING THE ENGINEER'S ASSESSMENT REPORT, ACCEPTING THE IMPROVEMENT AND SETTING A HEARING ON THE PROPOSED ASSESSMENT FOR ROAD IMPROVEMENTS IN COMANCHE CIRCLE L.I.D. LOCATED IN DESCHUTES RIVER WOODS SUBDIVISION Before the Board was signature of Order No. 95-018, accepting the Engineer's Assessment Report, accepting the improvement and setting a hearing on the proposed assessment for road improvements in Comanche Circle L.I.D. located in Deschutes River Woods subdivision. MINUTES PAGE 3 JANUARY 18, 1995 SCHLANGEN: I move signature of Order No.+95S:—0150 NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 8. PROCEEDING TO CONDEMN REAL PROPERTY UNDER RESOLUTION NO. 94- 054 OR SIGNATURE OF RESOLUTION NO. 95-006, RESCINDING RESOLUTION NO. 94-054 (BLUE SPRUCE MOTEL) Before the Board was consideration of proceeding to condemn real property under Resolution No. 94-054 or signature of Resolution No. 95-006, rescinding Resolution No. 94-054, a resolution declaring necessity to acquire and the purpose of acquiring fee simple title to certain real property for a road right-of-way. Rick Isham, County Counsel, reported this was originally scheduled in December to either proceed with the acquisition of the property which was basically referred to as a portion of the Blue Spruce Motel property on the corner of Badger Road and Highway 97 or consider some other course of action. Commissioner Throop was a member of the Deschutes County Commission prior to this matter coming onto the agenda. Commissioner Throop has since resigned his office before considering this agenda item and the other two commissioners wished to set this matter over until today. At the time of the signature of the Cooperative Improvement Agreement with the State which provided for the installation of the traffic control signal at the intersection of Badger Road and Highway 97, there was a second element to that decision that the actual filing of a complaint to condemn that 1,100 square feet of property would require specific authorization by the Board of County Commissioners. As a consequence, no complaint condemning that property has been filed. In the absence of proceeding under Resolution No. 94-054 to acquire the property, there was also before the Board consideration of Resolution No. 95-006 which would rescind Resolution No. 94-054. A resolution declaring the intent to acquire real property was the condition precedent to filing a condemnation action. Therefore rescinding Resolution No. 94- 054 will have the effect of taking away the required legislative action of the Board in acquiring the property. MINUTES PAGE 4 JANUARY 18, 1995 0138--0151 Rick Isham reported he received a telephone call from Bill Gary this morning. He stated apparently Bill Gary had been in contact with Dan Van Vactor. He stated Mr. Van Vactor had told Mr. Gary that this resolution was pending. Rick Isham reported Mr. Van Vactor informed Mr. Gary that he intended to address the Board of County Commissioners regarding alternative to Resolution No. 95-006. Mr. Gary, the attorney for Wal -mart, raised several issues. One of the issues was that he felt the rescinding of Resolution No. 94-054 might constitute an anticipatory repudiation of contractual relationship between Wal -mart and Deschutes County. Mr. Gary felt that if the Board of County Commissioners were going to accept input from other interested parties, such as Mr. Van Vactor or his client, that Wal -mart should have the opportunity to be present and present their side of the story with respect to proceeding with rescinding Resolution No. 94- 054. Commissioner Schlangen asked if this was a request from Mr. Gary for the Board not to go forward with Resolution No. 94- 054 or not to rescind it. Commissioner Nipper asked if there was a time frame for the request. Rick Isham reported there was no specific time frame with respect to proceeding to condemn the property or repealing the resolution. That was a self imposed time frame which started originally in December when it was scheduled. He stated if there was not an opportunity for additional input at this meeting, Mr. Gary felt there may be a legal significance to the Resolution No. 94-054, but he would not request to be present here unless the action the Board was going to take would be to adopt and receive public comment on the Resolution No. 95-006. Commissioner Slaughter stated this item had been on the agenda for a month. He asked if Mr. Gary was ever notified. Rick Isham stated Mr. Gary was never notified. Commissioner Nipper recommended that Mr. Gary, Wal -mart, should be given a two week period to prepare an appropriate response on their behalf. Commissioner Slaughter stated that Wal -mart was a party to this issue whether we liked it or not. The street runs back to Wal -mart, it does not go there for the irrigation district or some other business. He felt it was important that all parties have their say. He stated that if Mr. Gary felt the Board was cutting them out of it, then we should make sure he was involved. Commissioner Slaughter thought all of the folks had been notified. MINUTES PAGE 5 JANUARY 18, 1995 0138-e0152 Rick Isham asked the Board if it was their intention to proceed and authorize the filing of the condemnation action if Wal -mart made a convincing case to proceed with the condemnation. Commissioner Slaughter asked what the alternatives were. He asked if the resolution could be rescinded and then something re-established or if the Board had to just rescind it and leave it. Rick Isham stated that if the Board rescinded the resolution, they could not proceed under that resolution. The Board would have to adopt a new resolution which they could do at a later date if they determine that was the appropriate action at that time. Commissioner Schlangen asked if Mr. Gary was requesting the Board not to rescind the resolution without him having an opportunity for input. Rick Isham stated that what Mr. Gary said was that if the Board received input from others regarding the resolution, he would like to be present. He stated Mr. Gary indicated that if someone else had an opportunity to come to convince the Board to take action other than the action that was set forth in the resolution, he would want to be present. Commissioner Slaughter stated that this was not a public hearing therefore the Board did not have to hear any other comments from anyone. Rick Isham stated Resolution No. 95-006 rescinds Resolution No. 94-054, which was the condition to proceeding the filing for condemnation. Commissioner Schlangen asked if Mr. Gary had a problem with the Board rescinding the resolution without having more information. Rick Isham stated Mr. Gary had a problem with the Board rescinding the resolution. He reported Mr. Gary felt that there was an agreement made that the County would condemn the property which was located at the corner of Badger Road and Highway 97. Commissioner Nipper stated that to this point Mr. Van Vactor and the Franklins had not offered any further evidence or suggestions as far as the decision that this Board should take. Rick Isham reported that Dan Van Vactor had faxed him a letter yesterday ( January 17, 1995 ) or possibly this morning (January 18, 1995) indicating that he was going to request the Board to adopt a different version of Resolution No. 95-006 which, in addition to rescinding the resolution, would have additional conditions. Rick stated it was his understanding that Mr. Van Vactor had some additions to the original language rescinding the resolution. MINUTES PAGE 6 JANUARY 18, 1995 a 0138-0153 Commissioner Nipper stated that it appeared Mr. Van Vactor and the Franklins were not happy with Resolution No. 95-006 either. Rick Isham stated he presumed that was a fair statement. Mr. Van Vactor stated that was not correct. He stated they were not offering an alternative form. He stated his letter was a letter to Bill Gary which Rick Isham got a copy of out of courtesy. He stated he was not present today to offer an alternative form. Rick Isham stated his (Dan Van Vactor's) letter said that he was. Commissioner Slaughter wondered if the Board rescinded the resolution whether Mr. Van Vactor was going to ask for any kind of changes. Mr. Van Vactor said he was not. Commissioner Slaughter stated this was not a public hearing so there was no reason to accept any evidence from anyone. He stated all the Board was doing was rescinding a previous resolution. NIPPER: I move rescinding Resolution No. 94-054, which would be an adoption of Resolution 95-006. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES FIRST READING OF ORDINANCE NO. 95-002, AMENDING CHAPTER -13 OF THE DESCHUTES COUNTY CODE, REGARDING THE ABATEMENT_ PROGRAM Before the Board was the first reading of Ordinance No. 95- 002, amending Chapter 13 of the Deschutes County Code, regarding the Abatement Program. SCHLANGEN: I move first reading of Ordinance No. 95-002, by title only. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chairman Slaughter performed the first reading of Ordinance No. 95-002. The second reading of this ordinance will take place in two weeks on February 1, 1995. MINUTES PAGE 7 JANUARY 18, 1995 0138-0154 10. FIRST READING OF ORDINANCE NO. 95-005, AMENDING CHAPTER 15 OF THE DESCHUTES COUNTY CODE, REGARDING THE ABATEMENT PROGRAM Before the Board was the first reading of Ordinance No. 95- 005, amending Chapter 15 of the Deschutes County Code, regarding the Abatement Program. SCHLANGEN: I move first reading of Ordinance No. 95-005, by title only. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chairman Slaughter performed the first reading of Ordinance No. 95-005, by title only. The second reading of this ordinance will take place in two weeks on February 1, 1995. 11. SIGNATURE OF RESOLUTION NO. 95-007, DESIGNATING THE REGISTERED AGENT AND OFFICE FOR THE REDMOND LIBRARY SERVICE DISTRICT, RESOLUTION NO 95-008, DESIGNATING THE REGISTERED AGENT AND OFFICE FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT, RESOLUTION NO 95-009, DESIGNATING THE REGISTERED AGENT AND OFFICE FOR THE SISTERS LIBRARY COUNTY SERVICE DISTRICT, RESOLUTION NO. 95-010, DESIGNATING THE REGISTERED AGENT AND OFFICE FOR THE LA PINE LIBRARY COUNTY SERVICE DISTRICT, RESOLUTION NO 95-011, DESIGNATING THE REGISTERED AGENT AND OFFICE FOR THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Board was signature of Resolution No. 95-007, designating the registered agent and office for the Redmond Library Service District, Resolution NO. 95-008, designating the registered agent and office for the Bend Library County Service District, Resolution No. 95-009, designating the registered agent and office for the Sisters Library County Service District, Resolution No. 95-010, designating the registered agent and office for the La Pine Library County Service District, and Resolution No. 95-011, designating the registered agent and office for the Sunriver Library County Service District. SCHLANGEN: NIPPER: VOTE: MINUTES PAGE 8 I move signature of Resolution No. 95-007, 95- 008, 95-009, 95-010 and 95-011. I'll second that. SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES JANUARY 18, 1995 0138-0.55 12. APPOINTMENT OF BOB FISCHER TO BOARD OF EQUALIZATION, APPOINTMENT OF RON WALKER AS CHAIR OF BOARD OF EQUALIZATION, RESCIND APPOINTMENT OF BOB NIPPER AS CHAIR AND MEMBER OF BOARD OF EQUALIZATION, AND APPOINTMENT OF BOB NIPPER AS ALTERNATE MEMBER OF BOARD OF EQUALIZATION Before the Board was appointment of Bob Fischer to the Board of Equalization, appointment of Ron Walker as Chair of the Board of Equalization, rescind the appointment of Bob Nipper as Chair and member of the Board of Equalization, and appointment of Bob Nipper as an alternate member of the Board of Equalization. SCHLANGEN: I move all of the appointments and rescinding the appointments. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 13. APPOINTMENTOF CAROL WOODARD TO THE REGIONAL STRATEGIES COMMITTEE AND STEWART WEITZMAN AS ALTERNATE MEMBER Before the Board was appointment of Carol Woodard to the Tri - County Regional Strategies Committee and Stewart Weitzman as the alternate member to the Tri -County Committee. NIPPER: I move appointment of Carol Woodard and Stewart Weitzman. SCHLANGEN: I second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF $279,661.35 Before the Board was approval of the weekly accounts payable vouchers in the amount of $279,661.35. NIPPER: I move for approval subject to review. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 9 JANUARY 18, 1995 0138-0156 DATED this I'1 day of, 1994, by the Board of Commissioners of Deschir es Count4r, Oregon. Barry H. Slaughter, Chairman 'Ir &A A I /\ pl�'� I jlw CUV-jtv-A Nancy Pope�Sch4ngen, Commission Ir 7AT T : 6�� Recording Secr tary Robiit L. Nipper, Commissioner MINUTES PAGE 10 JANUARY 18, 1995