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1998-29086-Minutes for Meeting April 29,1998 Recorded 6/11/19980344 98-290£6 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, April 29, 1998 I pH 3:56 Chair Nancy Pope Schlangen called the Board of int Ctjkbi sldhers meeting to order at 10:04 a.m. County CommissiorC&"Tiii&fit were Nancy Pope Schlangen and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Meaghan Houska, Communications Director; Dave Leslie, Planner; Rick Isham, County Counsel; George Read, Community Development Director; Bruce White, Assistant County Counsel; George Kolb, Engineering Services Manager; Steve Jorgensen, Planner; Beverly Wilson, Legal Assistant; and Catherine Morrow, 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 $611.68. SWEARINGEN: Move approval. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 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 $5,986.78. SWEARINGEN: SCHLANGEN: VOTE: MINUTES 1 Move approval. Second. SCHLANGEN: NIPPER: SWEARINGEN: APRIL 29, 1998 YES EXCUSED YES uCEY�` �V10-j'qEqD nnacao�a JUL T- JUL 15 1998 3. 4. 5. 168 -0345 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 weekly accounts payable vouchers for Bend Library County Service District in the amount of $3,518.98. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) award of Contract to Bend Aggregate & Paving for the South Century Drive and Burgess Road overlay project; 2) signature of Declaration of Dedication from Frank Neil Chase for right-of-way on Tetherow Bridge Loop; 3) signature of Order No. 98-063, vacating a portion of Tetherow Bridge; 4) signature of Grant Award between Deschutes County Health Department and Oregon State Health Division; 5) reappointment of Ric Mackay to the COCAAN Board of Directors; and 6) appointment of Jay Yowell, Bob Vaught and Ray Linton to the Special Road District #8 Board. SWEARINGEN: I move approval of consent agenda items. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES DECISION OF WHETHER TO HEAR AN APPEAL A-98-3 BY ASPEN LAKES DEVELOPMENT FOR A TENTATIVE PLAN NEAR SISTERS Before the Board was the decision of whether to hear an appeal A-98-3 by Aspen Lakes Development for a tentative plan near Sisters. Dave Leslie reported on the Aspen Lakes Development. Dave recommended hearing the issue de novo if the Board chooses to hear it. He reviewed the appeal with the Board. MINUTES 2 APRIL 29, 1998 6. 168 - 0346 SWEARINGEN: I would move that we hear appeal A-98-3 by Aspen Lakes Development on a de novo hearing on condition #21. SCHLANGEN: I'll second that. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES PUBLIC HEARING ON SIGNATURE OF ORDER NO. 98-070, PETITION TO WITHDRAW TERRITORY FROM VANDEVERT ACRES SPECIAL ROAD DISTRICT Before the Board was a public hearing on signature of Order No. 98-070, petition to withdraw territory from Vandevert Acres Special Road District. Beverly Wilson reported the second hearing was postponed to today to allow time for mediation. She stated there had been no agreement at this point. She recommended setting another hearing in 2 weeks. Chair Nancy Pope Schlangen opened the public hearing. Bob Cornell testified that there was a mediation meeting held in La Pine on April 13, 1998. He felt the mediation process had been a positive experience. There was discussion of renegotiating a loan by the district. Since the mediation there hadn't been much interaction. He stated that at this point he wasn't sure what to do. Jim Kendall, President of Vandevert Acres Special Road District, reported they had tried to reach a point that would satisfy everyone involved. He felt the option of extending the loan out to 30 years puts all the expense on the road district. He stated they didn't feel they had done anything wrong but were expected to pay for a developers mistake. Commissioner Swearingen asked what offer the road district made to the four property owners. Jim Kendall stated that no offer had been made by either party at this point. He stated neither party had an solution that would make it equally fair to both sides. Commissioner Swearing asked if Jim Kendall felt it was fair that the four property owners should pay for something from which they receive no benefit. Jim Kendall responded by saying no, but was it fair to the road district to lose everything they worked for. Commissioner Swearingen stated that what the road district was doing was asking four individuals, who have absolutely no benefit, to pay for a $75,000 15 year loan for a road from which they don't benefit. She reported that they Bank of the Cascades had indicated that they were willing to renegotiate that loan so as to lessen the MINUTES 3 APRIL 29, 1998 168 - 0347 burden on the road district. This would allow the district to meet their obligation and continue without placing an unfair burden on the other four property owners. Jim Kendall felt it placed on unfair burden on road district by extending it 15 or 20 years and extending the amount they were paying for the road in interest. Commissioner Swearingen stated that it was not a good idea to take out a 15 year $75,000 loan at 2 plus prime and using your tax revenues as the collateral. She stated that based on her understanding of the loan it was unlawfully taken out. She felt that ultimately Jim Kendall and the other two board members were personally responsible for that loan. Jim Kendall stated that if the withdrawal was allowed to happen they do become responsible. He reported that as long as the withdrawal did not happen, they did not become personally responsible. He stated it was in the road districts best interest that the withdrawal not go through until that issue on the loan was settled. Jim Kendall stated that as far as the loan being illegal, Special District Association of Oregon gives road districts loans on a regular basis. Jim Kendall stated he just wanted to settle this, let those people go, but not harm the 100 residents in the road district over 25 or 30 years. Commissioner Swearingen stated they had based the road districts improvements on a value that really should not exist. She stated she knew it was done unintentionally, but she saw no reason to not let those folks withdraw, because she knew based the revenues the road district had they could still make their commitment to Bank of the Cascades. Jim Kendall stated they would end up paying 2 to 3 times the amount for a road that should not have cost them that much if the developer had done his homework. Monty Dahlman testified. He expressed concern about refinancing the loan. He felt they needed to meet with the Cornell's again and do so some more mediation. Commissioner Swearingen felt the petitioners were right and the road district could have talked with the Bank of the Cascades a couple of weeks ago. Commissioner Schlangen asked if another mediation meeting had been set up. Mr. Dahlman stated there had been one set up but it did not happen. Bruce White commented about the timeline regarding the tax rolls. MINUTES 4 APRIL 29, 1998 7. 168 - 0348 Bob Cornell submitted a summary of taxes paid on the four properties. Brian MacRitchie, attorney, testified on behalf of Jim Gardner the developer. He stated that if the district pursued an election, there would be litigation. Bruce White stated the order was to set the second hearing two weeks out which would be May 13, 1998. Chair Schlangen closed the public hearing. SWEARINGEN: I move signature of Order No. 98-070. SCHLANGEN: I will second that motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES PUBLIC HEARING ON DESCHUTES COUNTY TRANSPORTATION SYSTEM PLAN Before the Board was a public hearing on Deschutes County Transportation System Plan. Steve Jorgensen reported this was the second hearing for the transportation system plan. Steve reviewed the plan with the Board and identified the arterial roads. He stated the public would have the next month to submit written testimony on this issue. Chair Schlangen opened the public hearing. Milton Hunt, 896 N. E. Providence Drive, testified on behalf of the Central Oregon Association of Neighborhood Organizations. He felt the Sunriver area needed attention. He felt the Department of Transportation made an error in ignoring Highway 20 when they built the parkway. Mark Devoney, Oregon Department of Transportation, testified. He thanked Steve Jorgensen, Planning Commission and County Commissioners for their leadership in developing the Transportation Plan. Frank, Deschutes River Homeowners Association, testified. He reported the Homeowners Association had asked for a speed reduction on Cinder Butte, Riverwoods, and Baker Road in the Deschutes River Woods. Chair Schlangen reported the public hearing will be continued to May 27, 1998 at 10 a.m. MINUTES 5 APRIL 29, 1998 M 9. 168 - 0349 SIGNATURE OF RESOLUTION NO. 98-036, ESTABLISHING A CHANGE FUND FOR THE SHERIFF'S LAW ENFORCEMENT FUND Before the Board was signature of Resolution No. 98-036, establishing a change fund for the Sheriff's Law Enforcement Fund. SWEARINGEN: I move signature of Resolution No. 98-036. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES SIGNATURE OF ORDER NO. 98-044, TRANSFERRING CASH AMONG VARIOUS FUNDS IN THE 1997-98 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No.98-044, transferring cash among various funds in the 1997-98 Deschutes County budget. SWEARINGEN: Move signature of Order No. 98-044, transferring cash among various funds in the 1997-98 budget. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $1,040,367.97. SWEARINGEN: Move approval subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 11. REAPPOINTMENT OF PARKER JOHNSTONE AND WILLIAM WILSON TO THE DOG CONTROL BOARD OF SUPERVISORS Before the Board was reappointment of Parker Johnstone and William Wilson to the Dog Control Board of Supervisors. SWEARINGEN: Move approval. MINUTES 6 APRIL 29, 1998 168 - 0350 SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 12. REAPPOINTMENT OF RICHARD FIRINE TO THE FOUR RIVERS VECTOR CONTROL DISTRICT BOARD OF DIRECTORS Before the Board was reappointment of Richard Firine to the Four Rivers Vector Control District Board of Directors. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 13. APPOINTMENT OF ANN EVENSEN TO THE BEND LIBRARY BUDGET COMMITTEE Before the Board was appointment of Ann Evensen to the Bend Library Budget Committee. SWEARINGEN: Move Approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 14. APPOINTMENT OF DAVID UPHAM TO THE REDMOND LIBRARY BUDGET COMMITTEE Before the Board was appointment of David Upham to the Redmond Library Budget Committee. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES MINUTES 7 APRIL 29, 1998 168 - 0351 15. APPOINTMENT OF GEORGE RISER TO THE SUNRIVER LIBRARY BUDGET COMMITTEE Before the Board was appointment of George Riser to the Sunriver Library Budget Committee. SWEARINGEN: SCHLANGEN: VOTE: Move approval. Second. SCHLANGEN: NIPPER: SWEARINGEN: DATED this 29th day of Apr Board of Commissioners. YES EXCUSED YES , 1998, by the Deschutes County 9 ATTEST: Ro ert L. Nipper, Commissioner r ecording Secr tart' in a L. Swearing Commissioner MINUTES 8 APRIL 29, 1998