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1995-41249-Minutes for Meeting October 11,1995 Recorded 11/28/199595-41249 0148-1000 MINUTES DESC'HUTES COUNTY BOARD OF COMMISSIONERS Wednesday, October 11, 1995 !�y /a,�,� r x n -ea U J5 Chair Barry Slaughter called the meeting to order at 10:02_ a,m._, ,, County Commissioners present were Barry H. Slaughf�,#e ` Nipper, and Nancy Pope Schlangen. Also in attendance, 1werO -R dk Isham, County Counsel; Mike Maier, County Administrator; Tom Blust, County Engineer; George Read, Community Development Director; Sue Stoneman, Community Relations Specialist; Darrell Davidson, Sheriff; Bruce White, Assistant County Counsel; Sue Brewster, Assistant County Counsel; Roger Everett, Environmental Health Director; Dennis Perkins, Building Safety Director; and Kim Worrell, Assessor. CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 1. SIGNATURE OF RESOLUTION NO 95-132, AUTHORIZING BOND ANTICIPATION NOTES Before the Governing Body of the Bend Library County Service District was signature of Resolution No. 95-0132, authorizing the Bond Anticipation Notes. Rick Isham reported this will provide operating capital until the bond sale, which was anticipated to take place in May of 1996. The proceeds from the bond sale will be used to pay back the anticipation notes. There will be three years from the date of the bond sale to complete the library project. NIPPER: I'll move approval of Resolution No. 95-132. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 2. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of intergovernmental agreement with office of medical assistance; 2) approval to fund two youth community service projects; 3) approval of seven providers recommended to receive child care block grant; 4) signature of Assignment MINUTES -1- OCTOBER 11, 1995 KEYS 0 9 9 5 MICROF L -MED NOV 2 81995 3. 0148-1001 of Lease and Assignment of Sublease from Telecomm Systems, Inc. to Westline Company on Awbrey Butte Transmission Site;A) signature of Declaration of Dedication along Northwest Way of county owned land; 6) signature of Conservation Easement for Carolyn Chambers; 7) signature of Order No. 95-145, assigning the name of Wildwing Road; 8) signature of Resolution No. 95- 131, support for Oregon Department of Transportation Highway 97 Corridor strategy; 9) signature of Order No. 95-154, amending Order No. 95-075, Imprest Cash Account for Commissary disbursements; 10) signature of Restrictive Covenant between applicant, Kenneth and Rae Ellen Swearingen, and Deschutes County; and 11) signature of Plat to convert the existing multi -unit complex to condominium units on Ridge Hawk Court at Eagle Crest. NIPPER: I'll move approval of the consent agenda items 1-11. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES PUBLIC HEARING ON REMONSTRANCES ON RIVERWOODS AND LAKEVIEW DRIVE LOCAL IMPROVEMENT DISTRICTS Before the Board was a public hearing on remonstrances on Riverwoods and Lakeview Drive Local Improvement District. Tom Blust reported there were a total of 45 lots within the Local Improvement District boundary. He stated he had received 25 objections which constitutes 56% of the lots objecting to the local improvement district. Tom reported that if more than 50% of the owners object, then the Board has to declare the LID abandoned and no further petition to form a local improvement district can be made for one year after signing the order. Chair Slaughter opened the public hearing. Sid Davidson testified in opposition to this LID. Tina Berry wondered how people could be expected to pay for a road she doesn't own. She testified in opposition. Rick Isham explained how public right-of-way and local improvement districts work. Rick also explained the difference between public roads and county owned roads. MINUTES -2- OCTOBER 11, 1995 0148-1002 Kay Pierce felt the County had a responsibility to the homeowners that were against the LID as well as the to the landowners in support of the LID. She felt it was the county's responsibility to inform the patrons of the payment information and legal issues connected with the local improvement district. Kay requested the Board redo the remonstrance process with the correct information distributed to the homeowners and landowners. Kathie Hanford testified in opposition to the local improvement district on behalf of her uncle. He owned five acres totaling three lots and he could not afford the cost of the local improvement district. Commissioner Nipper asked if they could keep this issue on hold until there had been a public hearing in the community. Tom Blust reported that in the past the County had not done that. Anthony Schulz testified in opposition of the LID. He felt that inaccurate information had been distributed by the petitioner. He stated he lived on a dirt road because he wanted to do so. Commissioner Nipper felt it was possible that this proposed was voted down there was not enough accurate information available for the homeowners to make a decision. Beth Highsmith testified in opposition. She was not interested in a local improvement district because it cost too much. Tina Schulz testified in opposition because they were concerned about the speed limit, more traffic, etc. if this road was improved. Kay Pierce reported she had received the information, which she sent out to the homeowners, from the County. She felt that the county did not always give the accurate information to the people. She felt that she received different information from different people at the county. Kelly Barrett stated that if there were more than 50% of the people in the LID that objected then it should be a done deal. Joyce Edwards felt she was misinformed on how this issue was handled. She testified in opposition. Chair Slaughter closed the public hearing. MINUTES -3- OCTOBER 11, 1995 0148-1003 SCHLANGEN: I move that we abandon the LID and sign Order No. 95-155. NIPPER: I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 4. 11 A.M. PUBLIC HEARING ON THE DESCHUTES COUNTY• ENFORCEMENT POLICY AND PROCEDURES MANUAL Before the Board was a public hearing on the Deschutes County Code Enforcement Policy and Procedures Manual. George Read reported this was the second public hearing on the Code Enforcement Policy and Procedures Manual. He stated the purpose of the Code Enforcement Manual was to prioritize the Code Enforcement cases. This would help the staff decide what was most important and what kinds of violations would get action. At this point in time the County has a complaint generated system and they were trying to change that. He stated there had been a public work session held at which time there were some changes made in the policy manual. Violations to the public health and safety will be the number one priority. Included in the manual was the safety of rivers, streams, wetlands areas, land use and solid waste violations. They will be following up on the violations such as getting a permit and never calling for the final inspection. With present staffing level, the Community Development Department should be able to handle priority cases but not a lot more than that. George Read stated that the wording had been changed to state that all county staff will be encouraged to report all code violations. Chair Slaughter opened the public hearing. Kim Worrell testified that the revised recommendation on page 9 was much more acceptable. He suggested the wording be changed to read that county staff is strongly encouraged to report serious health and safety violations. Sam Speakman submitted a three page letter of testimony which suggested changes to the Code Enforcement Manual. MINUTES -4- OCTOBER 11, 1995 5. Sterling Benzel testified in opposition to the code enforcement manual. He felt code enforcement was necessary. He felt the code enforcement manual should be sent to every property owner and get the opinion of the citizens of Deschutes County. He stated that the way the document was written put almost every citizen of Deschutes County in violation along with the major code violators. John Boyle testified in opposition to the code manual. Gerald Rust testified in opposition to the code enforcement. He expressed concern regarding the cost of bringing his home up to code. Francis Benzel testified in opposition. She stated that if she was going to build something it would done in a safe manner without the County telling her how to do it. Glenn West testified in opposition. If he bought a house that was not up to code, he should not be responsible for the previous owners actions and/or code violations. He felt the county should be held responsible for checking it out before it was sold. Roy Miller testified in opposition. Gerald Rust stated that if the penalty to senior citizens, who cannot afford to fix violations that were present on their property when they purchased it, was waived in writing the policy would then be acceptable. John Boyle felt the Board should take this under consideration for a longer period of time. Chair Slaughter closed the public hearing. Written testimony will be accepted until October 23, 1995, at 5:00 p.m. The decision will be made at a later date. SIGNATURE OF AMENDMENT TO THE JOINT MANAGEMENT AGREEMENT BETWEEN DESCHUTES COUNTY AND CITY OF REDMOND Before the Board was signature of an amendment to the Joint Management Agreement between Deschutes County and the City of Redmond. George Read reported that this agreement was prepared and signed by the Mayor of Redmond. He reported there was one typing error which would be fixed. This agreement would be MINUTES -5- OCTOBER 11, 1995 effective when Redmond and the County can get it all worked out. NIPPER: I'll move signature of the amendment to the Joint Management Agreement between Deschutes County and the City of Redmond. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was adoption of Ordinance No. 95-063, amending title 15, Buildings and Construction, of the Deschutes County Code. SCHLANGEN: I move first and second reading of Ordinance No. 95-063, by title only. NIPPER: Second. VOTES: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-063, by title only. NIPPER: I move adoption of Ordinance No. 95-063. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was adoption of Ordinance No. 95-064, amending Title 16, Addresses and Road Names, of the Deschutes County Code. SCHLANGEN: I move first and second reading of Ordinance No. 95-064, by title only. MINUTES -6- OCTOBER 11, 1995 6118-1666 NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-064, by title only. NIPPER: I move adoption of Ordinance No. 95-064. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. ADOPTION OF ORDINANCE NO 95-065 AMENDING TITLE 17 SUBDIVISIONS, OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 95-065, amending Title 17, Subdivisions, of the Deschutes County Code. SCHLANGEN: I move first and second reading of Ordinance No. 95-065 by title only. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-065, by title only. NIPPER: I move adoption of Ordinance No. 95-065. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $396,624.91. SCHLANGEN: I move approval upon review. MINUTES -7- OCTOBER 11, 1995 NIPPER: 0118-1007 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was signature of a final plat for MP -94-10, a partition to divide a 20 -acre parcel into two parcels in an MUA-10 Zone. SCHLANGEN: I move signature of plat. NIPPER: VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was signature of a final plat for MP -95-2, a partition to create three parcels form a 117.51 parcel in an MUA-10 Zone. SCHLANGEN: I move signature of plat. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES -8- OCTOBER 11, 1995 0148-1008 DATED this 11th day of October, 1995, by the Board of Commissioners of Deschutes ounty, Ore on. In V 1 Q Barvy H. laughter, hgirman ATTEST: Recording Secretary Nancy Pope &10ngen, Commission,'- li Ro $rt L. Nipper, Commissioner MINUTES -9- OCTOBER 11, 1995