1998-20303-Minutes for Meeting March 25,1998 Recorded 5/14/19980167-21'77
' 98-20303
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS 96 NIA Y 14 P14 2= 20
Wednesday, March 25, 1998
lo
Chair. Nancy Pope Schlangen called the Board of County CLERK{
Commissioner's meeting to order at 10:00 a.m. County Commissioners
present were Nancy Pope Schlangen and Robert L. Nipper. Also in
attendance were Meaghan Houska, Communications Director; Rick
Isham, Legal Counsel; Beverly Wilson, Legal Assistant; Bruce White,
Assistant County Counsel; Tracy Allen, Planner; and Damian Syrnyk,
Planner.
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for 4-H/Extension County Service District in
the amount of $313.17.
NIPPER: I'll move approval.
SCHLANGEN: I'll second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY
SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for 9-1-1 County Service District in the
amount of $1,829.84.
NIPPER:
SCHLANGEN:
VOTE:
I'll move approval subject to review.
Second.
SCHLANGEN:
NIPPER:
SWEARINGEN:
YES
YES
EXCUSED
MICR ILME®
MINUTES 1 MARCH 25, 1998 0
3.
4.
5.
0167-2178
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for Bend Library County Service District in
the amount of $12,032.58.
NIPPER: Move approval subject to review.
SCHLANGEN: I will second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Resolution No. 98-031, establishing a No
Parking Zone on Smith Rock Loop; 2) signature of Resolution
No. 98-032, establishing a No Park Zone on Crooked River
Drive; 3) approved request of out-of-state travel for Tess
Migdol for workshop in Vancouver, Washington; 4) signature of
Personal Services Contract with Geoffrey Hyde; 5) approved a
request to declare certain property surplus (Attachments for
Bobcat 753); 6) signature of Resolution No. 98-015,
transferring appropriations within various funds of the 1997-
98 Deschutes County Budget; 7) signature of Order No. 98-035,
authorizing the refund of taxes; 8) signature of Order No. 98-
036, authorizing the refund of taxes; 9) appointment of Ellen
Hanscom to the Local Alcohol & Drug Planning Committee; and
10) appointment of Michael Hinton to the Central Oregon
Housing Authority Board of Directors.
NIPPER: I will move approval of consent agenda items
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
PG&E GAS TRANSMISSION NORTHWEST UPDATE ON PIPELINE REPLACEMENT
PROJECT
Teresa Rozic, Land & Community Relations Supervisor for PG&E
Gas Transmission Northwest, provided the Board with an update.
MINUTES 2 MARCH 25, 1998
6.
7.
8.
0167-2179
She reported the name change was a bit confusing and they were
still trying to get use to it at their office. She referred
to the company as GT Northwest. She updated the Board on the
pipeline replacement project. There were three areas of
pipeline replacement, with one being in Bend. The pipeline
would begin at Bear Creek Road, east of Bend, to Stevens Road.
There would be 7,000 feet of pipeline which would be replaced.
The pipeline would be tested and a main line valve would be
replaced. They were replacing the pipeline because of
population increases in the areas where the pipeline was
located. This project would begin April 8 and completed
within about 20 to 30 days.
RATIFICATION OF SIGNATURE OF CITY OF REDMOND SITE PLAN
AGREEMENT FOR IMPROVEMENTS
Before the Board was ratification of signature of City of
Redmond Site Plan Agreement for improvements.
NIPPER: I will move signature on City Redmond Site
Plan Agreement for Improvements.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
AWARD OF CONTRACT TO CENTURY WEST CONSTRUCTION INSPECTION &
TESTING FOR TESTING AND INSPECTION SERVICES FOR NEW
FAIRGROUNDS
Before the Board was award of contract to Century West
Construction Inspection & Testing for testing and inspection
services for the new fairgrounds.
NIPPER: I move award of bid to Century West
Construction Inspection & Testing.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
AWARD OF CONTRACT TO WESTERN WATER DEVELOPMENT CORP FOR
IRRIGATION WELL AT NEW FAIRGROUNDS
Before the Board was award of contract to Western Water
Development Corp. For irrigation well at the new fairgrounds.
MINUTES 3 MARCH 25, 1998
9.
0-167-2180
NIPPER: I move award of bid to Western Water
Development Corporation for an irrigation well
at the new fairgrounds.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
PUBLIC HEARING ON SIGNATURE OF ORDER NO, 98-040, PETITION TO
WITHDRAW TERRITORY FROM THE VANDEVERT ACRES SPECIAL ROAD
DISTRICT
Before the Board was a public hearing on signature of Order
No. 98-040, petition to withdraw territory form the Vandevert
Acres Special Road District.
Beverly Wilson reported on the issues regarding this public
hearing. She stated this issue would have to go to an
election in September. She requested the approval of
withdrawing the property pending the outcome of the election
in September. The owners wishing to withdraw from the road
district receive no benefit from the road district.
Chair Schlangen opened the public hearing.
Bob Cornell, owner of Lot 12, representing himself, Bundy's,
Bakers, and Humphries, testified in support of this
withdrawal. He stated they resided in Vandevert Ranch which
was entirely separate. The ranch was a 400 -acre gated
community containing 22 home sites. They have their own roads
within the ranch which were installed by the developer and the
homeowners association provides road maintenance. He state
the road district does not provide any service within the
Vandevert Ranch area.
Brian MacRitchie, representing Jim Gardner who developed
Vandevert Ranch, testified. He testified in support of the
withdrawal of these properties. He reported that Jim Gardner
was unaware of the property being a part of the Vandevert Road
District. He felt the inclusion of the four properties in the
road district originally was a mistake.
James Kendall, President of Vandevert Special Road District,
testified. He stated not everyone that signed the petition
was against the withdrawal. He felt there were some that
would just like the opportunity to vote on how it would effect
their tax base. He reported the road district did not annex
these properties into their district, but they built within
the road district. He reported the road district was there 12
or 13 years before the development was there. Jim Kendall
MINUTES 4 MARCH 25, 1998
0167-2181
state he was for letting them out of the district, but there
were enough people that felt there should be a vote. He knew
it seemed wrong to keep them and he agreed with that. The
other Board members agreed with that too.
Commissioner Nipper stated that these people had no idea they
were in a road district when they built their homes.
Monty Dahlman, Secretary for the Road District, felt this was
a grievous error of the past. He felt these people should
have questioned this two years ago. He stated it was a
financial situation. It was his understanding that if they
were allowed to withdraw, they have the right to come back and
sue the district for past taxes which could amount to 50 or
60% of an annual budget.
Bob Cornell testified regarding Statute 198.882. He stated
the did not want to get into litigation about the amount paid
in the past.
Brian MacRitchie testified regarding the statutes.
Chair Schlangen closed the public hearing.
NIPPER: I move signature of Order No. 98-040,
approving the petition to withdraw territory
from the Vandevert Acres Special Road
District, with the change to set a second
public hearing.
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
The second public hearing was scheduled for April 15, 1998, at
6:00 p.m.
10. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO 98-001, AMENDING
PL -20, THE DESCHUTES COMPREHENSIVE PLAN, ORDINANCE NO 98-002,
AMENDING PL -20. THE DESCHUTES COUNTY COMPREHENSIVE PLAN MAP,
AND ORDINANCE NO. 98-003, AMENDING TITLE 18, THE DESCHUTES
COUNTY ZONING MAP, TO EXPAND THE LA PINE UUC BOUNDARY
Before the Board was a public hearing on adoption of Ordinance
No. 98-001, amending PL -20, the Deschutes Comprehensive Plan,
Ordinance No. 98-002, amending PL -20, the Deschutes County
Comprehensive Plan Map, and Ordinance No. 98-003, amending
Title 18, the Deschutes County Zoning Map, to expand the La
Pine UUC boundary.
MINUTES 5 MARCH 25, 1998
0167-2182
Chair Schlangen read the criteria. Chair Schlangen asked if
either of the commissioners had any prehearing contacts.
Commissioner Schlangen and Commissioner Nipper both stated
they had no prehearing contact. Chair Schlangen asked if
there was any challenge of bias by the audience. No
challenges were forthcoming from the audience.
Tracy Allen reported this was for the Midstate property
located at 51340 Highway 97 in La Pine. It consisted of Tax
Lots 300 and 400.
Chair Schlangen opened the public hearing.
Sharon Smith, on behalf of the applicant, testified in support
of adoption of these ordinances. She felt this had been a
mistake and requested that it be fixed.
Darwin Thurston, Midstate Electric, testified in support of
adoption of the ordinances.
There being no further testimony, the public hearing was
closed.
NIPPER: I'll move first and second reading of
Ordinance No. 98-001, by title only.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 98-001, by title only.
NIPPER:
SCHLANGEN:
VOTE:
NIPPER:
SCHLANGEN:
VOTE:
I'll move adoption of Ordinance No. 98-001.
I'll second the motion.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
I'll move first and second reading of
Ordinance No. 98-002, by title only.
I'll second that.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
MINUTES 6 MARCH 25, 1998
016'-2183
Chair Schlangen performed the first and second reading of
Ordinance No. 98-002, by title only.
NIPPER: I'll move adoption of Ordinance No. 98-002.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
NIPPER: I'll move first and second reading of
Ordinance No. 98-003, by title only.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 98-003, by title only.
NIPPER: I'll move adoption of Ordinance No. 98-003.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $1,195,371.13.
NIPPER: I move approval subject to review.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
13. CHAIRS SIGNATURE OF IMPROVEMENT AGREEMENT BETWEEN DESCHUTES
COUNTY AND PMR DEVELOPMENT
Before the Board was Chairs signature of an Improvement
Agreement between Deschutes county and PMR Development.
MINUTES 7 MARCH 25, 1998
NIPPER: I move Chair's
Agreement between
Development.
016'7-2184
signature of Improvement
Deschutes County and PMR
SCHLANGEN: I will second that motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
THE BOARD OF COUNTY COMMISSIONERS RECONVENED ON THURSDAY,
MARCH 26, 1998, AT 10:00 A.M.
14. AWARD OF CONTRACT FOR RECONSTRUCTION OF REED MARKET ROAD TO R
L. COATS, DESCHUTES READY MIX
Before the Board was award of a contract for reconstruction of
Reed Market Road to R. L. Coats, Deschutes Ready Mix.
NIPPER: I move award of bid for the Reed Market
reconstruction project to R.L. Coats on the
condition that the contract is assigned to the
City of Bend, the County provides project
management and the contract consents to the
consignment.
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: EXCUSED
DATED this 25th day of May, 1998, by the Deschutes Countv
Board of Commissioners.
ATTEST:
Recording Secre ary
Lin L. Swearingen, Commissioner
MINUTES 8 MARCH 25, 1998