1996-19428-Minutes for Meeting April 03,1996 Recorded 5/17/19969fi-���2801-54-17 Su" MINUTES rr ON DESCHUTES COUNTY BOARD OF COMMISSIONERS ='c Wednesday, April 3, 1996 A` --3 Chair Nancy Schlangen called the meeting to order at `21'01 gy M. Commissioners in attendance were Nancy Pope Schlangenl�7-,Rob t Nipper and Barry Slaughter. Also present were: Rick Isham, County Counsel; Larry Rice, Tom Blust, and Gary Judd from Public Works; Sue Stoneman, Community Relations Specialist; and Jerie Schutte, Building Services. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. CONSIDERATION OF APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Board was consideration of approval of the weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $280.00. SLAUGHTER: I move approval subject to review. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT. IV ANFAX • ' •' • Before the Board was the consideration of approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $2,010.17. NIPPER: SLAUGHTER: VOTE: MINUTES 1 I move approval subject to review. I second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES APRIL 3, 1996 MICROFILMED �� .JUN 2 71996 KEYPUNCHEQ �AY�?/ 996 01 54-1 � i CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT. •�, ice_ ._•jk� • ...Z• AJAV Alf. _ • • Before the Board was the consideration of approval of the weekly accounts payable vouchers for the Redmond Library County Service District in the amount of $214.23. SLAUGHTER: I move approval subject to review. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT. 4. CONSIDERATION OF APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE BEND LIBRARY COUNTY SERVICE DISTRICT. Before the Board was the consideration of approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $183.00. NIPPER: I move approval subject to review. SLAUGHTER: I second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: 5. Consent agenda items before the Board of County Commissioners were: (1) consideration of Signature on ODOT Right -of -Way Supplemental Agreement regarding Ferguson Road; (2) consideration of Signature on HMO Contract for Services to Oregon Health Plan Members; (3) consideration of Signature for Proclamation for Public Health Week; (4) consideration of approval for out-of-state travel for Nita Roberts; (5) MINUTES 2 APRIL 3, 1996 01 54~ 81 consideration of appointment of Robert Otteni as alternate to Deschutes County Regional Strategies Committee; (6) consideration of Appointment of Ray Bennett to the Deschutes County Historic Landmarks Commission; (7) consideration of Appointment of Dr. Michael Price to the Local Alcohol & Drug Planning Committee; (8) consideration of Signature on Red Hawk Unit Four Plat; and (9) consideration of signature of Resolution No. 96-037 Endorsing Greater Community Responsibility for the Health and Welfare of our Children, Families and Community. SLAUGHTER: I move signature of consent agenda. NIPPER: I second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 6. CONSIDERATION OF SIGNATURE OF RESOLUTION NO, 96-039 ENDORSING DESCHUTES COUNTY SEEKING A WAIVER AND TRR-I�VSFER OF OYCQ AND COMMUNITY SERVICE FUNDS Bruce Abernethy with the Commission on Children & Families and Brad Mulvihill from Juvenile Department spoke in support of this resolution. There is a negotiating team consisting of Brad Mulvihill, Stu Garrett and Ernie Mazarol who will be working with OYCC or any other organization necessary to obtain a full waiver of OYCC guidelines as stipulated in the proposal, and transfer community service dollars directly to the county. This is consistent with HB 2473 and has been a priority of the commission. The Board indicated their full support of this effort. SLAUGHTER: I'll move signature on Resolution No. 96-039. NIPPER: I second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES elijif_1;i.� � 7. PUBLIC HEARING; ON HEARING OBJECTIONS TO AGATE ROAD LOCAL IMPROVEMENT DISTRICT MINUTES 3 APRIL 3, 1996 0154--1 0 Before the Board was public hearing on hearing objections to Agate Road Local Improvement District. Tom Blust gave staff report, outlining the basics of this local improvement district. This request was initiated by Board at the request of local residents who submitted petitions from 60% of the residents. He reported that the LID benefits 195 lots all within Deschutes River Woods. The cost estimate for the total project is $779,575 which includes construction, engineering, administration costs, as well any interim financing costs associated with the project. The proposed method of assessment is to divide the total cost of the project equally between the 195 benefited lots which amounts to $3,997.57 per lot. When the project is completed, the homeowners will be assessed the actual costs. The County has received 38 written objections to the LID. If there are 50% objections the Board must be abandoned the project. The Board does have the option to modify the project, but it would require additional notice, etc. Chair Schlangen opened the public hearing. She asked that those supporting the project speak first. Louisea Hall, 18970 Obsidian Rd. Has lived at that location for 17 years and supports LID. The roads are in worse condition this year than ever before and felt strongly in favor of the LID. Mike Gordon, 60211 Crater also spoke in favor. His concern was for emergency vehicles being able to reach property owners. Ober Hall, 18970 Obsidian Rd. and Norman Hogarth, Obsidian Rd. also spoke to the bad condition of the roads in the area and the dangers in trying to brake quickly on these unsurfaced roads. David Jeffers had a question regarding what type of road surface was being considered. Tom Blust explained it would be 2" AC over a 6" aggregate base and a 25' paved width with gravel shoulders. There was also a question of speed limit on these roads. Tom explained that the state controls the speed limit on all public roads. Residential speed limits throughout the state is 25 MPH; however these roads probably won't be posted. Neil Kellogg lives on Obsidian and has the longest way to exit the development. This last winter he had to miss work because he couldn't get out and his parents who also live near, couldn't get out this last winter. If an emergency vehicle needed to be called, it could not get to his property. Tim Carden lives on Agate asked if the loan was assumable. He MINUTES 4 APRIL 3, 1996 0154-1"6'90 was informed that it is a lien on the land, not a personal debt. These loans are assumable. Norman Hogarth, asked about possibility of getting another exit out of the area. It could be accomplished by obtaining easements over adjoining property, but not in connection with this project. Vickie Vessy residing on Crater spoke to the possibility of seniors applying for a senior citizens deferral program. Lien could be paid at the time their property sells. It will increase the value of the property. Joel Liabraaten from Agate Rd. also was strongly in favor of LID. Ray Tisdale who lives on Turquoise spoke in opposition to the project. He felt that with the paving of these streets, the speed limit is a big factor. Being disabled he cannot afford the cost. Larry Rice, Public Works director, indicated the Treasurer makes arrangements for the loans. If the property owners meet the requirements, they can make application for tax deferral. The Board indicated the county would work with property owners in making payment arrangements. Kristen Ross living on Crater, also is concerned about the cost. Her house sits close to the road and if it is paved, it will be very near the road. She purchased the property because of the rural atmosphere. Connie Gassner, Crater Rd. was extremely opposed to the paving. She indicated cars travel in excess of 25 MPH now and she was concerned the speed would increase with this project. She moved there so kids could ride bikes, play ball on the streets. She also was concerned that the final cost would be more than the estimated amount. Tom Blust explained that if the bids received were greater than the estimates, the Board would not approve the project without further study. Rick Isham reported that the county never approved an amount greater than the estimate. Chair Schlangen closed public hearing. Tom Blust indicated that the number of persons opposing this project did not change and recommended the board approve the LID. NIPPER: I move Signature of Resolution No. 96-040 creating the Agate Rd. Local Improvement District. SLAUGHTER: I'll second that. MINUTES 5 APRIL 3, 1996 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Tom Blust estimated project completed mid to late September. The county will do some blade work on the worse spots prior to starting construction on the LID. Before the Board was consideration of signature of final partition Plat MP -95-41. SLAUGHTER: I move signature on plat MP -95-41. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. CONSIDERATION OF SIGNATURE OF ORDINANCES 96-027 AMENDING ORDINANCE NO 80-216 THE BEND AREA GENERAL PLAN AS AMENDED CHANGING THE PLAN DESIGNATION FOR CERTAIN PROPERTY Before the Board was consideration of Signature of Ordinance No. 96-027 Amending Ordinance No. 80-216, the Bend Area General Plan, as Amended, changing the plan designation for certain property. Paul Blikstaf, Planner, was present and reviewed this request with the Board. SLAUGHTER: I move first and second reading of Ordinance No. 96-027 by title only. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed first and second reading of Ordinance No. 96-027 by title only. SLAUGHTER: I move adoption of Ordinance No. 96-027. NIPPER: I'll second. MINUTES 6 APRIL 3, 1996 0154--l"i"92 VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. CONSIDER2kTION OF SIGNATURE OF ORDINANCE 96-0,,8 AMENDING`*"�E • OF • �i •D_ :'N GROWTH CERTAINBOUNDARY ZONING ORDINANCE, AS AMENDED, TO CHANGE THE ZONING OF PROPERTY Before the Board was consideration of signature of Ordinance No. 96-028 amending Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, as Amended, to change the zoning of certain property. SLAUGHTER: I move first and second reading of Ordinance No. 96-028 by title only. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 96-028 by title only. SLAUGHTER: I move adoption of Ordinance No. 96-028. NIPPER: I second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 11. CONSIDERATION OF APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board of consideration of approval of weekly accounts payable vouchers in the amount of $445,694.15. SLAUGHTER: I move approval upon review. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 12. CONSIDERATION OF SIGNATURE ON SYMBION SOFTWARE LICENSE MODIFICATION Before the Board of consideration of signature on Symbion Software license modification. MINUTES 7 APRIL 3, 1996 0154-1 "693 NIPPER: I move signature on Symbion Software license modification. SLAUGHTER: I second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 12. CONSIDERATION OF SIGNATURE OF ORDER 96-036 AUTHORIZING THE REFUND OF TAXES Before the Board was consideration of signature of Order No. 96-036 authorizing the refund of taxes. SLAUGHTER: I move signature of Order No. 96-036. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 13. CONSIDERATION OF SIGNATURE OF ORDER 96-037 AUTHORIZING THE REFUND OF TAXES Before the Board was consideration of signature of Order No. 96-037 authorizing the refund of taxes. SLAUGHTER: I move signature of Order No. 96-037. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. CONSIDERATION OF SIGNATURE OF ORDER 96-039 AUTHORIZING THE REFUND OF TAXES Before the Board was consideration of Signature of Order 96- 039 authorizing the refund of taxes. SLAUGHTER: I move signature of Order No. 96-037. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 8 APRIL 3, 1996 0154-I 15. CONSIDERATION OF PERSONAL SERVICES CONTRACT WITH EAGLE ROOFING FOR THE REPAIR OF JUSTICE BUILDING Before the Board was consideration of signature on Personal Services Contract with Eagle Roofing for the repair of Justice Building. Jerie Schutte, Building Services Manager, was present to answer questions of the Board. She reported this repair was to a roof that hasn't cause problems, but could. SLAUGHTER: I move signature of Personal Service Contract for the repair of the Justice Building roof. NIPPER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 3rd day of Apr'l, 1996, Board of Commissioners. Nancv o e ATT ST: Recording Secreta y MINUTES 9 APRIL 3, 1996 the Deschutes County S4 angen, Chai 406� tvQ (h Barr-vr)H. Slaughter��, Commissioner Robert L. Nipper, Commissioner