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1998-46820-Minutes for Meeting July 29,1998 Recorded 9/24/1998,•98-4C8 ] 169 1 616 • 98-46820 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS 98 SEP A AM 11:23 Wednesday, July 29, 1998 PARR SUE'P�NHO-COUNT LOW Chair Nancy Pope Schlangen called the Board of County Commissi ghm meeting to order at 10:04 a.m. County Commissioners present were Nancy Pope Schlangen and Linda L. Swearingen. Also in attendance was Tom Blust, Road Department Director; Mike Maier, County Administrator; Beverly Wilson, Legal Assistant; Dick Johnson, Road Department; Dennis Maloney, Community Justice Director; Barbara Rich, Planner; Bruce White, Assistant County Counsel; Tracy Allen, Planner; Kevin Harrison, Planner; and Meaghan Houska, Communications Director. 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 $1,344.38. 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 the 9-1-1 County Service District in the amount of $7,067.31. SWEARINGEN: Move approval. MINUTES 1 JULY 29, 1998 MICROF�14jEp u G i 2 ? 1998 169 - 161? SCHLANGEN: I'll second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for Redmond Library County Service District in the amount of $1,495.00. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 4. 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 the Bend Library County Service District in the amount of $178.05. SWEARINGEN: Move approval. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS MINUTES 2 JULY 29, 1998 5 N 169 1618 CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Contract with Education Service District for 1st Step Project; 2) signature of Subgrant Agreement between Deschutes County and Central Oregon Community College for Ready Set Go; 3) signature of the Board's decision on the La Pine Industrial Subdivision and Conditional Use Permit for the water utility facility; 4) signature of Personal Services Agreement and Lease between Deschutes County and Humane Society of Central Oregon; 5) signature of Order No. 98-099 and 98-100, Authorizing the Refund of Taxes; 6) signature of Liquor Licenses for East Lake Resort, La Pine Hiway Center Marketplace, Ivy's Tumalo Store, Sunriver Chowder House, Cinco De Mayo; 7) appointment of Loretta Slepikas, Mary Ellen Coulter and Carol Delmonico to the Bicycle/Pedestrian Advisory Committee; 8) signature of Resolution No. 98-097, declaring intent to exchange real property with Oregon State Parks; and 9) signature of Sale of Property in the La Pine Industrial Park. SWEARINGEN: I'll move approval of consent agenda items. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES PUBLIC HEARING ON SIGNATURE OF ORDER NO. 98-105, ANNEXING TERRITORY INTO RURAL FIRE PROTECTION DISTRICT NO. 1 Before the Board was a public hearing on signature of Order No.98-105, annexing territory into Rural Fire Protection District No. 1. Beverly Wilson reported this was an annexation into Rural Fire Protection District No. 1. She reported 100% of the property owners had signed. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. MINUTES 3 JULY 29, 1998 169 1b19 SWEARINGEN: I'll move we approve signature of Order No. 98-105. SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. PUBLIC HEARING ON THE VACATION OF A PORTION OF J. N. MASTEN ROAD AND ALL OF S. J. PIERCE ROAD AND SIGNATURE OF ORDER NO. 98-039, VACATING THE SAME Before the Board was a public hearing on the vacation of a portion of J. N. Masten Road and all of S. J. Pierce Road and signature of Order No. 98-039, vacating the same. Dick Johnson reported the proposed vacation was for a portion of Masten Road and all of S. J. Pierce Road. The Road Department was concerned about long term needs of the county. The Road Departments recommendation was to have the applicant provide a road right-of-way dedication for future needs to provide a connection between Masten Road and 6th Street. Tom Blust commented that after the public hearing the Board needs to make a finding that it was in the public interest to do the road vacation. Commissioner Schlangen asked about a route through the Bureau of Land Management property. Tom Blust reported there were some land use issues when going across BLM land which would be a goal exception. Chair Schlangen opened the public hearing. Jerry Johnson, 50890 Stag Street, testified in opposition to this vacation. He reported he lived in Deer Forest Acres subdivision. He expressed concerns about why the roads were gated, and if they were public, they should be left open. He stated the applicant was the third owner in the last three years. He felt there was a double standard because of the type of property compared with his. He felt access already MINUTES 4 JULY 29, 1998 169 - 1620 existed. The change in the road would bring noise, dust, litter, etc. to his piece of property by putting the road along the BLM property line. He felt a change in the road would be a problem for the wildlife. He felt due process was not followed. Bruce White stated this was not a land use hearing but rather a road vacation. He stated the criteria was regarding whether it was in the public interest to vacate this right-of-way. Nancy Craven, representing Pioneer Resources, felt it was a road vacation, not a land use issue. Jim Bussard, representing Pioneer Resources, stated this had been a private property from the 1920's. When Gilchrist Timber Company sold, Crown Pacific acquired this property. It was zoned as Commercial Forest and managed that way. The property was under a fire protection agreement with the La Pine Rural Fire District. He reviewed the history of the roads on this property. Jerry Johnson stated he would be opposed and disputed some of the statements previously made. He stated he still felt it was a land use issue. Lawrence White asked why a county road was padlocked. He testified in opposition to this vacation. He felt the portion of Masten Road recommended for vacation was needed for public safety access in case of fires. Jim Bussard felt there was the same fire access as there had been for the last 50 years. Mickey Johnson, 50890 Stag, testified in opposition to the road vacation. She stated they have two pieces of property and the letter she received didn't show the dotted line. Walter Beaudion, 50875 Deer Forest Drive, testified there were additional routes needed into La Pine. He testified in opposition to the road vacation. He felt if they wanted to run cattle they should put in two cattle guards. MINUTES 5 JULY 29, 1998 169 - 1621 Commissioner Swearingen stated the County needed to take into consideration what the likelihood that the road would be developed in the future. She felt if there was another way to have a road for access, they would do it. Walter Beaudion stated the private property was gated and locked even though the road was a county road. Rod Burley, Fawn Loop owner of three lots, testified in opposition to this vacation. He wondered how long would it take for the County to respond if he put a lock on a gate at the end of his road. Wallace Thompson,. owner of property on Doe Loop but residing in Boring, Oregon, testified in opposition to this vacation. Tom Blust addressed notification issues. He reported the vacation process did not fall under the land use process. The requirement for notification was posted in the field and published in the newspaper. He stated it would be a land use process if there was a dedication in another area. He stated the Road Department was unaware of the gating process until Jim Bussard had met with him. Commissioner Swearingen felt it was never going to be built and it made sense to find another access. Commissioner Swearingen asked about the BLM easement. Kevin Harrison stated all of the property for Pioneer Resources was zoned F1 which was a forest zone. Nancy Craven stated that if there was a dedication, they would work with the staff to make sure the resolution of intent to make sure there was a requirement that if Deschutes County ever wanted a road, Pioneer Resources would be required to dedicate that. Nancy felt that Pioneer Resources had worked with road and Jim Bussard to resolve a lot of these issues to provide alternatives to placing a road along a subdivision. Jerry Johnson felt a need would have to be shown to address. He did not feel there was a need to have these roads vacated. MINUTES 6 JULY 29, 1998 169 --1622 Commissioner Swearingen stated road vacations come before the Board all the time. Bruce White stated that if the Board was looking for a replacement dedication, the dedication could occur and would need to be part of a land use issue. Commissioner Swearingen asked what was wrong with reserving the right for a dedication. She felt it could be done without going through the land use process. Bruce White felt the dedication itself triggered the land use process. Kevin Harrison stated the section of the ordinance deals with road dedications, but nothing for pedestrian easements or those sorts of things. Nancy Craven stated a they could provide a dedication agreement with deed restrictions. Rod Burley stated there was no access because there was a fence right up to the bridge. Commissioner Swearingen asked about a conservation easement along the river in order to allow public access. Jim Bussard stated the fence could be altered to be able to allow access. Jerry Johnson asked why they had to give the public something they already have. Mickey Johnson asked if those gates were open, could she walk on it today and would the gates be opened at 9 a.m. tomorrow morning. Tom Blust stated the public road right-of-way does exist. He felt there was a need for a connection between 6th Street and Masten Road. MINUTES 7 JULY 29, 1998 7. 69 -1623 Commissioner Swearingen asked what was wrong with a deed restriction. If the property was sold, a deed restriction would travel with it. Tom Blust felt a intent to dedicate could be held until they received a right-of-way from BLM. Dick Johnson stated they did not realize it was a public road until Pioneer Resources brought it to their attention. Chair Schlangen closed the public hearing. SWEARINGEN: I would move that we vacate S. J. Pierce Road and J. N. Masten Road subject to intent to dedicate the particular easements mentioned that would allow a deed restriction and dedication agreement, subject to our review. Commissioner Swearingen stated the thing that bothered her was that the road was not constructed to standards and it was not going to be. She stated that if there ever was an alternative road put in, it would make much more sense to go directly through the BLM property and put it there. SCHLANGEN: I will second your motion. Commissioner Schlangen expressed concern regarding fire access. She felt the only access would be through BLM land. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $386,483.30. SWEARINGEN: SCHLANGEN: MINUTES 8 Move approval, subject to review. Second. JULY 29, 1998 ,r 0 a 169 - 1624 VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES APPOINTMENT OF JUDY ALFORD, RANDAL GORDON, AND RENE BRISTOW TO THE COMMISSION ON CHILDREN & FAMILIES BOARD Before the Board was appointment of Judy Alford, Randal Gordon, and Rene Bristow to the Commission on Children & Families Board. SWEARINGEN: I would move appointment of Judy Alford, Randal Gordon, and Rene Bristow to the Commission on Children & Families Board. SCHLANGEN: I'll second that motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES SIGNATURE OF USE AGREEMENT BETWEEN DESCHUTES COUNTY AND DESCHUTES CHILDREN'S FOUNDATION Before the Board was signature of a use Agreement between Deschutes County and Deschutes Children's Foundation. Dennis Maloney reviewed the background information on this agreement. This item will be postponed until next week due to a conflict of interest on Commissioner Swearingen's behalf. Dennis reported the agreement was not to include rent. DATED this 29th day of July, 1998, v the D�schutes County Board of Commissioners. -7 _ a : za�j - Recording Secret ry MINUTES 9 JULY 29, 1998 L. Nippet, AogWssioner a L. Swearinc , Commissioner